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CITIZEN PARTICIPATION IN POLICY AND PLANNING PROCESS IN
LOCAL GOVERNMENT IN LESOTHO: A CASE OF QACHA’S NEK
By
THABANG AZAEL MOTHEPU
Submitted in accordance with the requirements for the degree
of
Masters of Administration
In the subject
Public Administration
at the
University of South Africa (UNISA)
Supervisor: Prof. Liza Ceciel van Jaarsveldt
Co-Supervisor: Mr Buti Lekonyane
FEBRUARY 2013
ii
Declaration of Own Work 44184573
I declare that CITIZEN PARTICPATION IN POLICY AND PLANNING PROCESS IN
LESOTHO: A CASE OF QACHA’S NEK is my own work and that all the sources that I have
used under or quoted have been indicated and acknowledged by means of complete references.
____________________ _____________________
SIGNATURE DATE
(Thabang Azael Mothepu) (Mr)
iii
Acknowledgements Let me first acknowledge that the completion of this work was not easy and without stress. By
the grace of God, many people came to my rescue during these hard times. I wish also to state
that many people played a part in helping me complete this work. I met people from various
backgrounds who rendered immeasurable and relentless support.
Firstly, I would like to extend my fervent, passionate and heartfelt thanks to my supervisors Prof.
Liza van Jaarsveldt and Mr Buti Lekonyane for the mentoring, guidance, superb and collegial
supervision throughout the entire research. I humbly feel indebted to them for the scholarly and
academic guidance they have given to me. Indeed, without them, I could not have made it.
Secondly, I would like to warmly and vigorously thank my family for the unwavering support,
encouragement and inspiration they gave me throughout the study. I thank my wife ‘M’e
Maisaka Mary Mothepu for assisting me with daily home chores as well as looking after my twin
daughters Thato and Lerato Mothepu. I know that more often than not, I could not be with them
when they needed me. I also want to thank my parents and brothers at home for their consistent
support. Special thanks are given to my parents, Ntate Phoka and M’e Mabafokeng for their
continued support spiritually and socially. I wish also to thank my aunt Mataole Ramotsokoane
for the support she gave me by lending me her computer. I would have not managed to do my
work safely without her computer. They were the cornerstones and pillars of my strength and
energy.
iv
Thirdly, I would like to thank all the respondents who earnestly and adequately took part in this
research during data collection by responding to the questions that were prepared for this study.
Their support is highly valued since they provided information that led to this end. The time they
sacrificed is well commended and highly appreciated. Fourthly, gaining some of the information
would not have been possible, especially through Internet without the support of Mr Kekeletso
Makhetha and M’e Manthati Salemane. I also wish to thank Qacha’s Nek Library through the
assistance of Librarian Mrs Remakes Sehlabo for the unwavering and boundless support in
providing reading material. These people really helped me a great deal. Their benevolence and
brotherly support and constant words of encouragement are appreciated.
Fifthly, I would like to thank, with deep sense of gratitude to the Department of Lesotho
Correctional Services especially in Qacha’s Nek for allowing me to further my studies while I
was at work. Special thanks are given to Senior Superintendent Raphuthing, the Officer
Commanding as well as Superintendent T’senoli for their constant, collaborative and comforting
support and encouragement throughout the completion of this study.
Finally, a word of thanks is extended to my friends and colleagues at work for their persistent
and inspirational motivations Special thanks are given to Mr Ramasiphole Molungoa for the
motivation, inspiration as well as assistance given with his computer during the proposal writing
of this study.
I run short of words to express my gratitude to you all
GOD BLESS YOU ALL
v
Abstract The study focuses and explores citizen participation in the policy and planning process in local
government in Lesotho. The study argues that citizen participation in the policy and planning
process is important. This is because it is through citizen participation that the government is
rendered accountable and responsive to the needs of the local community. Secondly, citizen
participation is important in that it helps in the deepening of democracy. In Lesotho, citizen
participation has been encouraged by the different governments since the era of Moshoeshoe to
the present regime. Lesotho held the first democratic local government elections in 2005. One of
the objectives of introducing local government is to foster citizen participation in policy and
planning processes.
The interviews conducted reveal that citizen participation is taking place even though at a minute
degree. Several challenges exist in local government that hinder active and effective citizen
participation in local government in Lesotho. One of the major challenges impeding citizen
participation is the statutory framework regulating citizens’ participation in local government.
This study has found that there is no direct legal or policy framework regulating or enforcing
citizen participation in local government. Coupled with this challenge is another crucial
challenge relating to the structure and mechanisms that are used for citizen participation. The
study reveals that the structures and mechanisms are not adequate to enhance and encourage
citizen participation.
Pursuant to this, the study proposes some reforms with a view to improving citizen participation
in Lesotho. Firstly, the study proposes that the policy and legislative frameworks be improved so
as to provide enough scope and space for citizen participation. These frameworks should provide
for adequate structures, mechanisms as well as processes and areas that can improve citizen
participation in local government. Secondly, crucial instruments for community participation in
planning such as the IDP, budget process and the performance management in South African
context can be designed with specific cognisance of the structures established. Thirdly, the
government must encourage, educate and sensitize citizens to actively take part in local
government, through capacity building programmes. It can take the advantage of the NGOs
already working with the communities and citizens as a strategy to enhance citizen participation
vi
Table of contents Declaration of own work………………………………………………………………………….ii
Acknowledgement………………………………………………………………………………..iii
Abstract…………………………………………………………………………………………....v
Table of contents………………………………………………………………………………….vi
List of abbreviations and acronyms……………………………………………………………….x
Chapter One
Introduction
1.1 Introduction……………………………………………………………………………………1
1.2 Background and rationale for the study……………………………………………………….3
1.3 Motivation of the research topic………………………………………………………………7
1.4 Problem Statement…………………………………………………………………………….9
1.5 Aims and objectives of the research…………………………………………………………..9
1.6 Conceptual analysis………………………………………………………………………….11
1.7 Preliminary literature review………………………………………………………………...16
1.8 Limitation of the study……………………………………………………………………….16
1.9 Research design and data collection methodology…………………………………………..17
1.10 Framework of chapters……………………………………………………………………..22
Chapter Two
Theoretical Foundation of Citizen Participation
2.1 Introduction…………………………………………………………………………………..24
2.2 An overview of citizen participation…………………………………………………………25
2.3 The foundation and origin of citizen participation…………………………………………..26
2.4 Defining citizen participation………………………………………………………………..29
vii
2.5 Importance of citizen participation…………………………………………………………..31
2.6 The goals of citizen participation…………………………………………………………… 35
2.7 Standards for citizen participation processes………………………………………………...38
2.8 The conditions under which citizens can participate………………………………………...41
2.9 Categories of citizens in citizen participation………………………………………………..48
2.10 Techniques or mechanisms of citizen participation………………………………………...50
2.11 Other emerging techniques of citizen participation………………………………………...55
2.12 Citizen participation in the context of planning and policy process at local government….58
2.13 Conclusion………………………………………………………………………………….64
Chapter Three
Historical Background of Citizen Participation in Lesotho
3.1 Introduction…………………………………………………………………………………..67
3.2 Geographical overview of Lesotho…………………………………………………………..68
3.3 The Moshoeshoe 1 era……………………………………………………………………….70
3.4 The colonial era 1868-1965………………………………………………………………….78
3.5 The transition to independence: the pre and post independence era 1950-1970…………....98
3.6 The era of repressive and undemocratic rule 1970-1986…………………………………...103
3.7 The era of military rule 1986-1993…………………………………………………………112
3.8 Conclusion………………………………………………………………………………….118
Chapter four
Citizen participation in the Planning and Policy Process during the Inception
of Local Government in 2005
4.1Introduction………………………………………………………………………………….120
4.2Overview of the structure of governance………….………………………………………...121
4.3 The establishment of local government in 2005……………………………………………125
4.4 The rationale for local government in Lesotho……………………………………………..129
viii
4.5 The objectives of the newly established local government (2005)…………………………130
4.6 Structure of local government in Lesotho with reference to Qacha’s Nek…………………132
4.7 Legal, policy and institutional frameworks guiding local government. ..….………………137
4.8 The institution guiding local government- the ministry of local government and
chieftainship…………………………………………………………………………………….143
4.9 Citizen participation in local government: prospects and challenges………………………145
4.10 Bodies facilitating participation in the policy and planning process……………………...153
4.11Legislative and policy frameworks supporting citizen participation………………………157
4.12 Challenges facing local government and citizen participation……………………………159
4.13 General argument and synthesis…………………………………………………………..161
4.14 Conclusion………………………………………………………………………………...162
Chapter Five
Citizen Participation in Local Government in South Africa
5.1 Introduction…………………………………………………………………………………164
5.2 An overview of local government and citizen participation in South Africa………………166
5.3 The rationale for local government in South Africa…………………………………...…...171
5.4 Local government in terms of the Constitution of South Africa…………………………...177
5.5 Legislative framework for citizen participation local government………………………...178
5.6 The structure and instruments for participation in local government in South Africa……..190
5.7 Mechanism for fostering citizen participation in local government………………………..201
5.8 Ways and categories of participating in local government…………………………………205
5.9 Conclusion………………………………………………………………………………….206
ix
Chapter Six
Presentation of Findings and Interpretations from: Qacha’s Nek Urban and
Tsoelikana Community Council
6.1 Introduction…………………………………………………………………………………208
6.2 Presentation of data obtained from the interviews………………………………………….209
6.3 Face to face interviews…………………………………………………………………….. 210
6.4 Strategy and process of data collection……………………………………………………..210
6.5 Research ethics while undertaking the interviews………………………………………….211
6.6 Data analysis and interpretation…………………………………………………………… 212
6.7 Presentation of findings in terms of the responses from the interviews……………………213
6.8 Conclusion………………………………………………………………………………….234
Chapter seven
Conclusion and Recommendations
Improving Citizen Participation in the policy and planning process in local
government in Lesotho
7.1Introduction………………………………………………………………………………….235
7.2 Summary of chapters……………………………………………………………………….237
7.3 Final Conclusion…………………………………………………………………………... 245
7.4 Recommendations…………………………………………………………………………..248
7.5 Proposal for future research………………………………………………………………...250
Reference……………………………………………………………………………………….251
Appendices……………………………………………………………………………………...266
x
List of abbreviations and Acronyms APRM………………………………………………………African Peer Review Mechanisms BAC……………………………………………………………….Basutoland African Congress BCP…………………………………………………………………Basutoland Congress Party BPA………………………………………………………Basutoland Progressive Association BNC………………………………………………………………Basutoland National Council BNP…………………………………………………………………..Basutoland National Party CC…………………………………………………………………………..Community Council CCC…………………………………………………………Community Councils Chairpersons CL…………………………………………………………………………...Commoners League CS……………………………………………………………………………Council Secretaries DC………………………………………………………………………….District Chairpersons DC……………………………………………………………………………….District Council DCS…………………………………………………………………District Council Secretaries DDC………………………………………………………….District Development Committees DD……………………………………………………………………..Director Decentralization DDCC…………………………………………..District Development Coordinating Committee DNPFPP……………………..(2005) Draft National Policy Framework for Public Participation DPLG………………………………………...Department of Provincial and Local Government DPU……………………………………………………………………….District Planning Unit FPNDAP…………….Framework for the Preparation of National Decentralization Action plan GEOMWC(2005)………….Guidelines for the Establishment and Operation of Municipal Ward Committees IC………………………………………………………………………………Interim Councils IDP………………………………………………………………...Integrated Development Plan IEC………………………………………………………….Independent Electoral Commission KZN DCPF…………………….Kwazulu Natal Draft for Community Participation Framework LC……………………………………………………………………………..Local Councillors LCD…………………………………………………………..Lesotho Congress for Democracy LCN………………………………………Lesotho Council of Non-governmental organizations LLB……………………………………………………………………………..Lekhotla la Bafo MBP………………………………………………………………..Municipal Budget Processes MFP…………………………………………………………………Marematlou Freedom Party MCC………………………………………………………………………..Maseru City Council MOLGC………………………………………...Ministry of Local Government &Chieftainship MP………………………………………………………………………..Member of Parliament NGOs…………………………………………………………Non-governmental Organizations OCM……………………………………………………………………...Open Council Meeting PMS………………………………………………………….Performance Management System PMU………………………………………………………………………….Police Mobile Unit PRSP………………………………………………………….Poverty Reduction Strategy Paper PSIRP……………………………………..Public Sector Improvement and Reform Programme TRC……………………………………………………………Transformation Resource Centre UB………………………………………………………………………………...Urban Council VDC………………………………………………………….Village Development Committees
xi
WDC…………………………………………………………...Ward Development Committees
1
CHAPTER ONE: INTRODUCTION
1.1 Introduction
Citizen participation is seen around the world as important. Van der Waldt (2007:34)
writes that, ‘globally, there has been an emphasis on the need to promote new forms
of interaction among the state, civil society and the private sector’. This is one of the
reasons why the government of Lesotho institutionalised the system of local
government in 2005 with the view to enhance citizen participation and trigger social
development. To this effect two pieces of legislation namely the Local Government
Act 1997 and the Local Government Elections Act 1998 were passed to facilitate local
government. Citizen participation is not clearly spelt out in these Acts even though it
is linked to local government. However, in the document Programme for
Implementation of Local Government in Lesotho (2003:2) citizen participation is
regarded as one of the objectives of local government in Lesotho.
Local government is defined by scholars as one of the means of instituting citizen
participation. Reddy (1999:9), for example, defines it as the level of government
created to bring government to the local populace and to give citizens a sense of
participation in the political processes that influence their lives. Since local
government is closer to the people, the chances of interaction between citizens and
government are high. Jones (1981:115) agrees by stating that ‘...citizen participation
is much easier in small local governments than in larger local governments where
there is a large number of matters which sometimes complicate detail’. Therefore,
2
citizens can easily participate in policy and planning process because local
government is closer to them.
`
In the document Programme for Implementation of Local Government in Lesotho
(2003:2), the objectives of local government in Lesotho are stated. One of the
objectives given in this document is the promotion of people’s participation in
decision-making, planning and implementation of development programmes. In this
context, participation in local government is regarded as an important ingredient. This
is because, according to Hanekom (1987:34), participation is a means of providing
those people whose lives will be affected by proposed policies with the opportunity of
expressing their views and of attempting to influence public managers as to the
desirability of the suggested policies.
In essence, participation in local government is understood to be involving continuous
interaction and communication between local government and citizens in matters of
development. In this instance Brynard (1996:2) writes that “to a greater or lesser
extent the shaping of public policies is always influenced by public opinion and
participation by the public in matters which they believe will affect them directly’.
This means participation can be beneficial if information on any matter of
development is shared by the local government and the citizens. As Brynard
(1996:41) comments ‘participation can broadly be divided into two main categories,
namely the receiving of information by citizens from authorities about proposed
actions and the sharing of power with citizens to shape the final decision’.
3
Pursuant to the above, the study focuses on citizen participation in the policy and
planning process in local government in Lesotho with reference to Qacha’s Nek
district. Qacha’s Nek district has been earmarked for the study because it is one of the
districts classified as being in a mountainous area which has a lower population
density than other districts of Lesotho and is predominantly rural,(Bureau of
Statistics:2006:vi). Moreover, it has been chosen because the local government in
Qacha’s Nek is perceived to be active in comparison to other mountainous districts
such as Thaba Tseka and Mokhotlong.
This chapter provides introduction for the entire research. It is divided into ten
sections commencing from the introduction. Secondly, it provides background and
rationale for the study. Thirdly, motivation of the research topic is provided. The forth
section is about statement of the problem. This is followed by aims and objectives of
the research. The sixth section delineates the conceptual analysis and is followed by
preliminary literature review. The eighth section outlines the limitation of the study
and is followed by research design and data collection methodology. The last section
states the framework for this research.
1.2 Background and Rationale for the Study
Citizen participation has been regarded as such an indispensable component of
governance that in various countries such as South Africa, it is formally legislated.
Chapter four of the South Africa Municipal Systems Act 32 of 2000 provides for
community participation and outlines mechanisms and structures through which
communities can effectively participate in government.
4
The government of Lesotho has also made some effort to introduce citizen
participation in governance. Some aspects that can be linked to citizen participation in
Lesotho can be traced from the time before independence. During the colonial regime
(1886-1965) some aspects of political activities that could be linked to participation
still existed (Nyeko, 2002:163). For example, political parties that demanded that
Basotho citizens have a say in the running of government emerged as early as 1901
(Nyeko, 2002:163-165).
Although formal structures to augment participation could be traced, that process was
never consistent, effective and predictable. For example, the colonial government
introduced district councils in 1960 and swiftly abolished them shortly after
independence in 1968 (Kapa, 2010:9-10).
District councils were very important in as far as citizen participation was concerned.
According to Mapetla and Rembe (1989:22) district councils served as avenues for
popular participation as well as acting in an advisory capacity in matters of local
affairs. When they were abolished, citizen participation was severely compromised as
they had been the channels through which the majority of citizens participated at local
level especially in matters of local planning and administration. According to Mapetla
and Rembe (1989:23) ‘the abolition of district councils saw an end of participatory
institutions at local level, resulting in an increasing centralized administrative and
planning machinery’.
In 1980, government introduced District Development Committees (DDC) and
Village Development Committees (VDC) as structures in rural areas that were geared
5
to propel the work of the abolished district councils. According to Mapetla and
Rembe, (1989:31) the DDCs and VDCs were envisaged as structures intended to
serve as forums for popular participation and execution of bottom-up planning and
coordination of development activities. These committees were never active in
carrying out the intended roles. They were hindered by a lack of technical capacity to
operate, funds and clear channels of communication, (Mapetla & Rembe, 1989:31-
32).
In the same way, in 1986 the military government introduced development
committees as structures for propelling participation but these became redundant as a
result of conflict between the chiefs and the committee members and were later
abolished (Mapetla & Rembe 1989:31-32). According to Kapa (2010:11)
development committees were replaced with interim councils in 2001. Then in 2005,
local government was established formally. One of the objectives of local government
in Lesotho is to promote people’s participation in decision-making, planning and
implementation of developmental programmes (Programme for Implementation of
Local Government in Lesotho 2003:2).
Government has from before independence attempted to introduce citizen
participation through the establishment of structures such as district councils, district
development committees (DDC) and village development committees (VDC),
development committees, interim councils and finally local government. This shows
that citizen participation in Lesotho is regarded as an indispensable component of
governance. In terms of the Programme for Implementation of Local Government in
6
Lesotho (2003:2) local government is designed to institute and promote citizen
participation.
Local government in Lesotho was formally established in 2005 (Kapa 2010:12). Since
2005 local government has had to contend with many challenges that have rendered
participation impractical. According to Shale (2010:17) the first challenge concerns
the Local Government Act. He writes that the Act not only fail to articulate how
people will participate in the development process but also to institutionalise
participation by way of establishing public participation bodies. As Shale (2010:17)
has noted, nowhere in the Local Government Act 1997 is the issue of participation
encouraged. This means that citizen participation is an issue of discretion or choice.
Local government was established in terms of section 106 of the Lesotho Constitution
(Government Notice no.28 of 1993) which states that ‘parliament shall establish such
local authorities as it deems necessary to enable urban and rural communities to
determine their affairs and to develop themselves. Such authorities shall perform such
functions as may be conferred by an act of parliament’. Pursuant to this, parliament
enacted the Local Government Act No.6 of 1997 and the Local Government Elections
Act of 1998 which provide for an institutional framework and procedures, rules and
regulations for the conduct of the local elections process, (Programme for
Implementation of Local Government in Lesotho, 2003:2).
Local government is regarded as a means for fostering participation of people in the
planning and policy process. According to Brynard (1996:138) ‘... local government
should be regarded as an effective means of encouraging popular participation in the
7
local planning processes’. The government of Lesotho, through local government,
aims to achieve development in communities through the participation of people. As
Brynard (1996:133) has noted, planning in local government involves two parties,
namely local government and the community. It is in this process that the goals of the
community are to be reached.
According to Brynard (1996:132) planning should be placed in relation to phenomena
such as policy making and policy implementation by using the goal perspective as a
guiding factor. Citizen participation is encouraged and promoted by the Lesotho
Constitution and Lesotho Vision 2020. Section 20 of the Constitution provides for
participation in government while a Vision 2020 policy document provides, in relation
to participation, that ‘Lesotho will have a well-established system of local governance
with full ownership and participation of the majority in decision-making and local
development’. In order for local government to be effective, citizen in the planning
and policy process participation has to be encouraged as this is critical in determining
the development in communities. The key question that follows therefore is, has
citizen participation in Lesotho’s local government taken place since 2005? It is
against this background that the study focuses on citizen participation in the planning
and policy process in Lesotho with specific reference to Tsoelikana Community
Council and Qacha’s Nek Urban Council in Qacha’s Nek?
1.3 MOTIVATION OF THE RESEARCH TOPIC
Apart from having a personal interest in citizen participation, the researcher selected
the topic because of the prominence that it has in local government in Lesotho. To
illustrate this point, one of the objectives of local government in Lesotho is to
8
promote people’s participation in decision-making, planning and implementation of
developmental programmes (Programme for Implementation of Local Government in
Lesotho, 2003:2). Moreover, the government of Lesotho has established four
programme areas under the Decentralisation Action Plan for Lesotho. The programme
area concerned with citizen participation is Participation and Accountable Local
Governance Programme and the core objectives of the programme are: to improve
citizen participation in the development process and to promote engagement of
councils, NGOs and chiefs in local governance (Decentralisation Action Plan for
Lesotho, 2009:25). This shows that citizen participation has taken prominence in local
government.
Therefore, following from these discussions, it is important to undertake this research
for the following reasons. Firstly, to establish the practical reality in terms of how
citizen participation in local government in Lesotho is taking place. It is envisaged
that this will reveal practical problems and find solutions inherent in local government
as far as citizen participation in Lesotho is concerned. The second reason concerns the
academic realm where testing the theoretical assumption behind citizen participation
in local government can occur, for example, testing the theory or assumption that
citizen participation is important in that it allows citizen to influence the decision of
the government and hence development.
9
1.4 PROBLEM STATEMENT
Using Qacha’s Nek district as a focal point, the study attempts to discover if citizen
participation in the planning and policy process in local government (post 2005 Local
Government Elections) is taking place. Section 20 of the Constitution of Lesotho (of
1993) grants every citizen the right to participate in government. Therefore, based on
this background, the question can be asked; does citizen participation at local
government in Lesotho really take place with reference to Tsoelikana
Community Council and Qacha’s Nek Urban Council in Qacha’s Nek district?
Secondary questions that arise from the above question are;
1. What is meant by citizen participation?
2. Why is citizen participation in local government in Lesotho important?
3. What mechanisms are there in place to foster citizen participation in local
government in Lesotho?
4. What legislative or policy frameworks exist in Lesotho that support citizen
participation in local government?
5. How can citizen participation be improved in local government in Lesotho?
1.5 AIMS AND OBJECTIVES OF THE RESEARCH
For the purposes of logic and sequence, the aims will be looked at before the outlining
of the objectives of the research.
1.5.1Aim of the research
The main aim of this research is to find out if citizen participation in local government
in Qacha’s Nek is taking place and how it can be improved. The unit of analysis for
this research will be local government in Lesotho and the district under study is
Qacha’s Nek with particular reference to two selected councils, the Urban Council
10
and the Tsoelikana Community Council. The point of focus will be citizen
participation in general and improved citizen participation specifically.
1.5.2 Objectives of the research
The following are the objectives of this research:
• To understand what citizen participation is. This includes getting a better
understanding of the concepts, importance and mechanisms of participation
and the standards and conditions necessary for citizen participation. An
exposition of citizen participation in the planning and policy process will also
be done by showing the role of citizens in the planning and policy process.
• To explain why citizen participation in local government in Lesotho is
important. This involves providing a comprehensive historical background of
citizen participation in Lesotho from the pre-colonial era to the military era.
This includes an explanation of the relationship between citizen participation
and local government
• To describe and examine the current structures, mechanisms and legislative
frameworks that exists for the facilitation of citizen participation in Lesotho.
• To propose strategies and recommendations to improve citizen participation in
local government in Lesotho.
11
1.6 CONCEPTUAL ANALYSIS
Conceptual analysis provides a clarification of the key concepts in the problem
statement and research objective, which are as follows; citizen participation, local
government, planning process and policy process.
1.6.1 Citizen participation
For the purposes of clarity and conceptual analysis, citizen as a concept will be dealt
with separately and citizen participation will be conceptualised thereafter. The next
part provides a working definition of a citizen.
1.6.1.1 Definition of a citizen
The concept citizen is defined differently by different scholars. There are many
definitions for a word in academic discourse. For example, the Oxford Advanced
Dictionary (1995:201) defines citizen as ‘a person who has full rights as a member of
a country, either by birth or by being given such rights’. For example if a person is a
Mosotho or South African, such person enjoys the rights as enshrined in the
Constitution of that country.
In the same manner, Meyer, Cupido and Theron, (2001:59) write that a citizen refers
to:
• those people who stand outside the formal public administration system
• those people who demand certain services from the government,
• those people who supply resources to the government
• those people who interact with the government regarding the allocation of
value to society
12
• the inhabitants of a country or group of countries
• those people who share some form of national identity within a given country.
However, for the purpose of this research, the word citizen will specifically refer to
‘the collective of those persons…without paid office, wealth, special information or
other formal power source beyond their own numbers’ (Brynard 1996:40). Simply
put, this definition explains a citizen as an ordinary person who is not a public
official, elected councillor or parliamentarian.
1.6.1.2 Citizen participation
From the above definition of citizen, it is apparent that the concept citizen is
synonymous to concepts such as people, popular, public or community (Van der
Molen, Van Rooyen & Van Wyk, 2001:60). Moreover, it is implied that the word
citizen can be construed as an individual citizen as well as citizen groups or
collectives. Therefore, it is imperative to conceptualise citizen participation.
Kouvertaries (1997:136) warns that ‘most definitions of citizen participation
emphasise the influence of the citizens on the decision-making process at various
levels of local and national government. For example, Paul (1987:2) defines
community participation as ‘an active process in which the clients, or those who will
benefit, influence the direction and implementation of a development project aimed at
improving the welfare of people in terms of income, personal growth, independence
and other values regarded as valuable’. In terms of this definition, citizens can be
identified as beneficiaries who are expecting something from their participation which
will be of value to them. So they take the responsibility of influencing the
development to meet their needs.
13
Different scholars in development management define citizen participation in terms of
the involvement of people in determining the outcome of government. For example,
Cloete and Meyer (2006:114) define community participation as the involvement of
members of the community in developmental activities in the community in order to
try to influence the outcomes of those activities and to obtain as many benefits as
possible from the results of those activities. This means in the process of involvement
citizens are able to take part in development activities as well as to influence the
outcome of government action. It can then be deduced that citizens participate to
receive benefit from the activities of government.
To conclude, citizen participation is about citizens taking part in government affairs,
especially in the policy and planning process, to determine the output of government.
Therefore, this study adopts the definition by Van der Molen, Van Rooyen and Van
Wyk (2001:60) which defines citizen participation as ‘an active involvement by
people who have a sense of belonging to the policy processes and who play an active
role in determining the output of governments’. The output of government basically is
what the government does to meet the needs of the community. This is normally
embedded in the policy that the government pursues. Therefore, involvement in this
regard enables citizens’ to play an active role in determining what government
ultimately does.
1.6.2 Local government
According to Van der Waldt (2007:4) ‘the term local government is generally used to
refer to a decentralized, representative institution with general and specific powers
devolved upon it and delegated to it by the central or provincial government, in
14
respect of a restricted geographical area within a nation or state….’. From the
definition, the most important point is that local government is endowed with certain
powers to perform certain functions as given by central or provincial government
within a certain geographical area.
An important aspect of the definition is that of restricted geographical area within a
nation or state. This can be seen as one of the important characteristics of local
government because local government is concerned with a particular segment of
society and serves a particular locality. This is as Van der Waldt (2007:4) notes when
he writes that local government is that sphere of government that directly serve the
needs of communities at grassroots level.
This research adopts the definition of local government as given by Ismail, Bayat and
Meyer (1998:1-2) which states that local government is ‘that level of government
which is commonly defined as a decentralized, representative institution with general
and specific powers devolved to it by a higher tier of government within a
geographically defined area’.
1.6.3 Policy process
Policy is described by various authors as the intention and actions a person or
government embarks on to address a particular scenario. According to Anderson
(1979:3) policy is a ‘purposive course of action followed by an actor or set of actors
in dealing with a problem or matter of concern’. In terms of this research, policy takes
place within the context of the political environment. Policy is meant to address
15
public problems. Thus, policy specifies the basic principles to be pursued by the
community and the government in attaining specific goals (Cloete et al, 2006:3).
The policy process denotes the processes followed from the making of public policy
to implementation and evaluation. According to Cloete et al, (2006:3) policy process
has several phases including initiation, design, analysis, formulation, dialogue,
advocacy, implementation and evaluation. A policy process is not a once-off process
and this implies that the policy process is a complex activity that warrants careful
consideration of these processes and stakeholders. Ismail et al (1998:149) warn that
‘policy making is not a one-dimensional activity. Instead it is part of a very
complicated process’.
1.6.4 Planning process
Literature is about planning is bountiful and authors define planning in many different
ways. They nonetheless link planning to goals and objectives geared to meet future
societal needs. Van der Waldt (2007:182) sees planning as a process aimed at
determining the future circumstances and identifying the measures needed to realise
them. Future circumstances include goals, objectives and the direction the institution
or government wishes to take. Moreover, Brynard (1996:132) sees planning as
consisting of those activities which are aimed at the formulation of a future course of
action directed at the achievement of a certain goal or a set of goals by optimum
means.
As a process, planning entails the identification of priorities based on societal needs
and objectives and means of attaining them in a particular time in consultation with
16
the public. Therefore, Van der Westuizen (1991:138-139) sees the planning process as
‘a systematic and continuous process of identifying the core objectives and
determining urgent priorities with a view to finding or matching them with the means
to achieve them. This is the definition adopted in this research.
1.7 PRELIMINARY LITERATURE REVIEW
The preliminary literature review includes the consultation of literature on community
participation, public participation, citizen participation, democracy and local
democracy. The following are some of the documents that were consulted to get a
better understanding of the area of study:
1. The Lesotho Constitution and other relevant legislation, including statutes of the
Kingdom of Lesotho
2. Relevant literature on planning and policy making and implementation
3. Unpublished and published dissertations and theses
4. Articles from journal and newspaper reports
5. Research reports and political speeches
6. Official and unofficial documents from the Ministry of Local Government
The preliminary literature review indicated that this research is not a duplication of
any previous research. It is an original study that has been motivated by the author’s
academic interest in the topic.
1.8 LIMITATION OF THE STUDY
According to Auriacombe (2001:49) the research to be conducted should be outlined
and the scope of the topic clearly defined. The following aspects may be taken into
17
account: time, geographical borders, hierarchical dimensions, age groups and so on.
Therefore in terms of this study, the focus in terms of the geographical aspect is on
Lesotho with reference to Qacha’s Nek. Since the district of Qacha’s Nek is large, the
study will concentrate on two councils, namely the Qacha’s Nek Urban Council and
the Tsoelikana Community Council. In terms of time aspects, the study concentrates
its focus from 2005 to the year 2012, although aspects before this will also be looked
at.
Every study has constraints that the researcher has to acknowledge. According to
Auriacombe (2001:49) acknowledging limitations of the study empowers the reader to
appreciate what constraints were imposed on the study, and to understand the context
in which the research claims are set. An example of limitation to this study was
getting officials to participate in this research through interviews.
1.9 RESEARCH DESIGN AND DATA COLLECTION METHODOLOGY
Bearing in mind that the research objective is to understand if citizen participation is
currently taking place in Lesotho, it is necessary to select an appropriate research
design (either empirical or non-empirical) to conduct the intended research (Mouton,
2001:55).
1.9.1 Research design
The unit of analysis for this research focuses on local government in Lesotho and the
appropriate research design for this research is empirical. The research objective
implies that the research will focus on citizen participation in Lesotho local
government. This objective includes getting a better understanding of what citizen
participation is, why citizen participation is important and how to improve citizen
18
participation. The study is qualitative and will therefore employ a case study and
content analysis as the key research design. A combination of these research designs
is important because they will enable the researcher to get the relevant information
adequately.
1.9.1.1 Case study
Taking into consideration that the study is about citizen participation in Lesotho,
particularly looking at the case of Qacha’s Nek, the research design is suitable
because it will enable the researcher to determine if citizen participation is really
taking place in Qacha’s Nek. A case study is used to study a particular individual,
programme or event in depth for a certain period of time (Leedy & Ormrod,
2001:149). According to Leedy and Ormrod (2001:149) a case study has two
advantages that makes it suitable for this study. Firstly, it is suitable for learning more
about a little known or poorly understood situation. Secondly, it is useful for
investigating how an individual or programme changes over time, perhaps as a result
of certain circumstances or intervention. Its major weakness is that, especially when
only a single case is studied, one cannot be sure its results are generalisable to other
situations (Leedy & Ormrod, 2001:149).
1.9.1.2 Content analysis
Bearing in mind that the units of observation for this research consist predominantly
of written material, the other research design that will also be applied can be classified
as content analysis. Content analysis according to Babbie (2001:304) is ‘the study of
recorded human communications’. This research is going to study the available
documents as outlined above. Babbie (2001:304) further writes that ‘among the forms
suitable for study are books, magazines, web pages, poems, newspapers, songs,
19
paintings, speeches, letters, email messages, bulletin board posting on the internet,
laws, and constitution, as well as any components or collection thereof’.
1.9.2 Research methodology and data collection strategies
The unit of observation consist of the following: a considerable portion of the
research material will be scholarly literature; a literature survey of the most topical
books and journal articles will help provide insights into the importance of citizen
participation in local government in Lesotho. This research also makes use of a
normative approach. According to Van der Ven and Scherer-Rath (2005:35) the
normative approach is used to answer the question ‘what should be?”’ for example:
‘what should citizen participation in local government in Lesotho look like?’
Information about local government and citizen participation will also be collected
from official documents, for example, policy papers, acts, bills, and research
documents. As such reading and analysing of texts and interviews can be seen as the
main method of research.
1.9.3 Interviews
Apart from the sources and methods mentioned above, interviews were also
conducted with the following categories of people: local councillors (LC-05),
community council secretaries (CCS-01), urban council secretary (UCS-1) district
council chairperson (DCC-01), district council secretaries (DCS-01), non-
governmental organisations (NGOs) the Transformation Resource Centre(TRC-02)
and the Development for Peace Education( DPE-2), community councils chairperson
(CCC-1),urban council chairperson (UBC-1) district development coordinating
20
committee (DDCC-5), and ordinary citizens in the community(05) as well as
members representing the academic and research based institutions (ARI-2).
These individuals were selected for interviewing because they represent different and
diverse groups in Qacha’s Nek who can provide valuable information concerning
citizen participation in local government. The number of individuals selected is 26
and they represent the population in Qacha’s Nek district except for the non-
governmental organisations and the members representing the academic and research
institutions. All individuals reside and are based in Maseru. The population size
ranges between 1 500 and 5 000. From this population size a sample was selected. All
the people forming the sample agreed to be interviewed.
Interview questions asked served as the best research method. According to Jegede
(1999:134) there are two types of interviews, namely structured and unstructured
interviews. With structured interview, the interviewer has questions arranged in a
fixed manner which he/she must follow while with the unstructured interview, the
questions are mainly meant to guide and remind the researcher (Jegede, 1999:135).
This study employs an unstructured interview because it allows the researcher to ask
as much as he can to get the information needed for the research and because this type
of interview is more flexible.
The interview as a research method has many advantages in terms of data validity and
quality of response. According to Babbie (2001:258) with an interview, the
interviewer asks the questions orally and records respondents’ answers, normally in a
face to face encounter. Moreover, an interview has a high response rate since the
21
presence of the interviewer generally decreases the number of ‘don’t knows’ and ‘no’
answers (Babbie, 2001:258-259). It also allows for probing and the interviewer can
clarify a question for the respondent. This means the interviewer can stand as a guard
in cases where the respondent is not clear. In contrast to this, interviews are expensive
and time consuming.
The sampling selection and modality is based on the stratified sampling method.
According to Babbie (2001:201) ‘stratified sampling is a method of ensuring a greater
degree of representation by decreasing the probable sampling error’. In terms of the
focus of the research, it is imperative to have a sample that is representative so that
views from different sectors of society are taken into consideration. This is also
acknowledged by Walker and Lev (1953:173) when they argue that stratified
sampling ‘increases the accuracy of the population estimates of interest. It also
ensures adequate sampling from any sub group, which is of paramount interest’.
Finally, the study will predominantly make use of the qualitative method of data
analysis. According to Babbie, (2001:358) qualitative analysis is the non-numerical
assessment of observations made through participant observation, content analysis, in-
depth interviews, and other qualitative research techniques. Qualitative analysis is the
most applicable method for this study because the study looks predominantly at the
written material (content analysis) and employs interviews (case study). This method
allows for data reduction, that is, it allows data to be manipulated and integrated so as
to help one to arrive at a meaningful conclusion (Sarantakos, 1998:224).
22
The study is also explorative and evaluative in nature. It is explorative in the sense
that since local government was only established in 2005, the study explores how
participation in general is implemented in Lesotho’s local government. In other
words, the study explores the structures, mechanisms and avenues within which
citizens participate. Moreover, it is evaluative in the sense that after exploring, it
assesses the effectiveness of citizen participation.
1.10 FRAMEWORK FOR THIS RESEARCH REPORT
Chapter one provides a general introduction to the entire study. It consists of the
background to the study, statement of the problem, research objectives,
conceptualisation and methodology.
Chapter two is the literature review. It discusses citizen participation in detail and the
importance, goals and the conditions needed to effect citizen participation. Standards
for participation are also highlighted. Moreover, this chapter discusses the theory
upon which citizen participation is based. Local government is also briefly discussed
with a view to providing key features for future use.
Chapter three provides the historical background of Lesotho. It discusses the nature,
scope and impact of citizen participation in Lesotho. The role of citizen participation
in Lesotho is also discussed. Moreover, trends in terms of mechanisms and structures
for citizen participation in Lesotho before and after independence up to the military
regime are discussed and analysed.
23
Chapter four looks at citizen participation in the context of the planning and policy
process during the inception of local government in 2005. It traces the evolution,
rationale and frameworks of local government and citizen participation in Lesotho.
Moreover, the prerequisites for enabling citizen participation in Lesotho in terms of
the Constitution and other sources such as legal frameworks are discussed with a view
to gaining an understanding of the current or expected nature of citizen participation
in Lesotho.
Chapter five looks at citizen participation in South Africa as an example of how to
improve citizen participation in Lesotho. A number of frameworks are discussed, such
as legislative frameworks, policy statements and acts, with a view to assessing how
they influence citizen participation.
Chapter six provides a presentation and interpretation of the data obtained from the
interviews conducted. This chapter include an overview of how the interviews were
conducted.
Chapter seven provides the conclusions and recommendations and aims to give
further insight into the promotion of citizen participation and local government in
Lesotho. Furthermore, proposals for further research are also provided.
24
CHAPTER TWO
THEORETICAL FOUNDATION OF CITIZEN
PARTICIPATION
2.1 INTRODUCTION
The theory of citizen participation postulates the interaction between government and
citizens with citizens having the objective of influencing and shaping the decisions of
government. Citizen participation in the policy and planning processes has the
potential to change the lives of citizens, especially in the defined local area.
According to Van der Waldt (1999:115) ‘the main aim of the government is to
provide goods and services to the community so as to improve the community’s
general welfare’. In realisation of this aim, the government makes policies and plans.
The government should as far as possible make citizens’ part of the process that
makes policies and plans. Thus as Van der Waldt (1999:210) states ‘the role of public
managers is to involve all role players from the society and encourage public
participation in the policy making process. They should constantly make needs
analyses in the various communities to improve the general welfare’. This means
public managers in government, whether national, provincial or local should work
with citizens especially in areas of policy and planning.
Therefore, in this chapter, citizen participation is discussed in general with an
overview of citizen participation being provided. Citizen participation is defined
followed by the importance of citizen participation. The goals of participation as well
25
as the necessary conditions for implementing the process of citizen participation are
explained. The techniques which can be employed to implement citizen participation
will be looked at as well as how citizen can take part in the various steps of the policy
and planning process.
This chapter therefore consists of comprehensive literature study.
2.2 AN OVERVIEW OF CITIZEN PARTICPATION
Citizen participation has assumed profound importance in contemporary democratic
regimes. According to Bekker (1996:29) ‘the phenomenon of participation in the
public affairs of democratic governments is a well-established concept’. The role and
significance of citizen participation is not only encouraged at national elections but
also is enshrined in many constitutions, thereby making it a constitutional right of
every citizen even beyond elections. For example, section 152(1)(e) of the
Constitution of South Africa (108 of 1996) specifically encourages citizen
participation in local government. Section 20 of the Lesotho Constitution (Notice No.
28 of 1993) also provides for citizen participation even beyond national elections.
In light of this, citizen participation can be regarded as an important component of
democratic government. In democratic governments, people or citizens have a strong
say in terms of policies and plans, as well as the running of government. According to
Geldenhuys (1996:15) democratic government is a form of rule where citizens
exercise political power, either by participating as the policy making authority or
through the choices of those making policies on their behalf. This implies that citizen
participation is common in democratic government. Brynard (1996:44-45) provides
26
the objectives of citizen participation in democratic government as consisting of the
following;
• it provides information to citizens
• it improves public decisions, programmes, projects and services
• it enhances the acceptance of public decisions, programmes, projects and
services.
Citizen participation also has limitations that need to be considered. According to
McConnell (1981:120) citizen participation has the effect of slowing down the
planning process. Moreover, Langton (1978:48) argues that citizen participation in the
planning process can be very costly and time consuming in that one needs to take time
to let citizens participate.
Citizen participation is nevertheless important and therefore has to be encouraged. In
order to implement it effectively, the benefits and objectives of the process have to be
emphasised and the limitations have to be dealt with and minimised. The foundation
and origin of citizen participation will be looked at next.
2.3 THE FOUNDATION AND ORIGIN OF CITIZEN PARTICIPATION
As mentioned in the preceding section, citizen participation is related to democracy. It
is therefore important to show that citizen participation is as old as some democratic
regimes. According to Brynard (1996:39) the concept of citizen participation arises
from the classical theory of democracy where it is defined as a form of government
organised in accordance with the principles of popular sovereignty, political equality,
27
popular equality, popular consultation and majority rule (Ranney, 1971:76). As it
stands, citizen participation is not explicitly mentioned in this definition; however
these principles highlight to some extent the issue of citizen participation. As Clapper
(1996:53) indicates, the four principles, namely popular sovereignty, political
equality, popular consultation and majority rule are indispensable to citizen
participation. In order to highlight this indispensability, it is important to briefly
elaborate each of these principles in relation to citizen participation.
2.3.1 Popular sovereignty
According to Clapper (1996:54) the principle of popular sovereignty is the heart of
democracy and its objective is to ensure that the power to make popular and basic
governmental decisions is in the hands of the public. This means that such power is
exercised when citizens participate in the planning and policy process. This translates
that without participation, citizens will not have that power as they have no input. The
principle of popular sovereignty denotes that citizens are free and have power to make
decisions concerning their lives.
2.3.2 Political equality
Political equality is another principle of democracy underlying citizen participation.
As Clapper (1996:54) indicates, the principle of political equality demands that all
members of the community have equal opportunities to participate in the political
process. This principle indicates that participation is not restricted to a certain group
of citizens but that all, irrespective of ideological background and without any form of
discrimination citizens will participate. According to Jackson and Jackson, (1997:77)
democracy demands that all citizens have equal access to public policy and participate
therein on a fair basis.
28
2.3.3 Popular consultation
Popular consultation is another principle of democracy underlying citizen
participation. According to Clapper (1996:54) ‘the principle of popular consultation
demands that the people, and not party leaders or other influential people, persons or
body should ultimately decide which public policies would best serve to advance the
common welfare. This includes the notion that public officials consult citizens
concerning policies and plans before they can implement them. As participants in the
political process, citizens can be consulted on a variety of issues. However, care
should be taken not to make citizens rubberstamps for public officials. They must be
consulted and their wishes, opinions and ambitions taken into consideration.
2.3.4 Majority rule
Finally, majority rule is yet another principle of democracy underlying citizen
participation. The principle of majority rule demands that major decisions be made on
the basis of the majority. The majority rule principle dictates that in any controversy,
the policy that has the support of the greatest number should generally become the
policy of government, (Roskin, Cord, Medeiros & Jones, 2000:75). This principle
relates to citizen participation in that it dictates that a policy should become effective
only when the majority of citizens have participated in deciding on it. However, the
minority feeling should also be considered. This is because in a democratic
government issues have to be discussed by various groups and decisions be made on
the basis of the majority.
Clapper (1996:55) has rightly indicated, ‘all factors remaining equal, the solution as to
which group will win is determined by the principle of majority rule which requires
29
that, as long as at least fifty per cent plus one of the people determine and approve the
procedures taken to arrive at governmental decisions, and as long as the same
proportion of the public can revise these procedures, then the principle of majority
rule, and hence democracy, has been satisfied’.
From the foregoing discussion on the four principles of democracy, it can be seen that
although citizen participation is not clearly spelt out, in terms of these principles, it is
implied. Jackson and Jackson (1997:77) conclude that democracy is the only system
that allows all individuals to participate in public policy and in determining the
orderly succession of rulers. Therefore, in this regard, for the purposes of this
research, citizen participation is founded on democracy.
After having established its origin or foundation in democracy, citizen participation
will be defined before looking at the importance thereof.
2.4 DEFINING CITIZEN PARTICIPATION
Various definitions of citizen participation were provided in Chapter one of this
research. However, for the purposes of logic and precision, it is important to provide a
working definition for this research. Citizen participation is about citizens taking part
in government affairs, especially in the policy and planning process, to determine the
output of government. The study adopts the definition of Van der Molen, Van Rooyen
and Van Wyk (2001:60) which defines citizen participation as ‘an active involvement
by people who have a sense of belonging to the policy processes and who have an
active role in determining the outputs of governments’. From this definition it can be
seen that citizen participation is a process in which citizens play a role.
30
The output of government is what the government does to meet the needs of the
community. What government does is normally embedded in the policies and plans
the government pursues. It is in these policies and plans that citizens can be involved
and hence participate. Involvement in this regard enables citizens to play an active
role in influencing and determining what government ultimately does. Therefore, it
can be concluded that citizen participation is a process and a tool to promote
democracy; it empowers and builds citizenship and balances the power of the elite
and the poor (Van der Molen et al 2001:63).
Moreover, Smith (2003:5) defines citizen participation as ‘a process in which
individuals, groups, and organizations have the opportunity to participate in making
decisions that affect them, or in which they have an interest’. In terms of this
definition, it becomes clear that different categories of citizens expressed as
individuals, groups and organisations have a role to play in the making of decisions
affecting them in their communities. This is because in one way or another
government decisions affect citizens and as such it is important that citizens be
allowed the opportunity to participate. For example, if the government wishes to make
a policy on health, it should consult the organisations dealing with health issues as
such organisations can play a valuable role in making and implementing the policy.
Cloete and Meyer (2006:114) further define citizen participation as ‘the involvement
of members of the community in developmental activities in the community in order
to try to influence the outcomes of those activities and to obtain as many benefits as
possible from the results of those activities’. This definition highlights the importance
of citizens participating in development activities where the citizens aim to obtain as
31
many benefits as possible. In this regard, citizens participate because they surely
anticipate receiving some benefits. This means citizen participation is a process that
can be beneficial to citizens and as such citizens should be given as much opportunity
as possible to participate.
Citizen participation can thus be summarised as a framework of policies, principles,
and techniques which ensures that citizens and communities, individuals, groups, and
organisations have the opportunity to be involved in a meaningful way in making
decisions that affect them, or in which they have an interest (Smith, 2003:36).
Having explored different definitions of citizen participation, it is necessary to state
that citizen participation is important and that it can be instituted by various groups,
organisations and individuals found in the community or country. The importance of
citizen participation will be looked at next.
2.5 IMPORTANCE OF CITIZEN PARTICIPATION
Many researchers, academics, politicians and public administrators have one thing in
common concerning citizen participation. They view it as something important. For
example, the United Nations Development Programme (1981:5) states that citizen
participation is important because it entails the creation of opportunities that enable all
members of a community and the larger society to actively contribute to and influence
the development process and to share equitably in the fruits of development. The
importance of citizen participation in public management is also highlighted in
Brynard (1996:2) by a number of different authors, for example:
32
• Participation is a means (for local authorities) of obtaining information about
local conditions, needs, desires and attitudes. This information may be
important to achieve informed and implementable decisions in the policy
management cycle (Bryson, 1993:3).
• Participation is a means of providing those people whose lives will be affected
by proposed policies with the opportunity of expressing their views and of
attempting to influence public managers as to the desirability of the suggested
policies (Hanekom, 1987:34).
• Participation is a means of involving and educating the public. The benefit of
involvement is that people are more likely to be committed to a project,
programme or policy if they are involved in its planning and preparation. They
can identify with it and even see it as their plan (Conyers, 1982:102). Studies
have indicated that the quality of life is better in a local authority area with a
well-developed sense of community (Zimmerman, 1976:65). The benefit of
education is the enhancement of the quality of citizenship in that the educated
citizen is enabled to exercise his or her judgement, contribute to the debate
about planning, and is aware of societal problems and the difficulties of
finding solutions to them (Boaden et al 1982:167).
• Participation provides a mechanism to ensure the democratisation of the
planning process in particular and the public management process in general.
In most countries participation in local government is considered a basic
democratic right of the people. (Benveniste, 1989:45). This is linked to the
33
notion of popular sovereignty, in that local government should be a creation of
the citizenry rather than a separate entity standing above it (Rosenbaum,
1978:46). Participation should therefore be the norm in any country striving
towards a democratic form of government (Davidhoff, 1965:334).
• Participation has creative potential in that the planning process is being linked
to the outside world. This has the potential to create a network which could
enable a much more divergent form of thinking to take place (Faludi,
1984:249).
• Participation is a means of fostering equality. This is based on the democratic
principle that all citizens should have an equal opportunity to exert influence
through participation in the planning process in the local authority if they
choose to do so (Aktinson, 1992:7).
• Participation is a means of balancing the demands of central control against
the demands for concern for the unique requirements of local government and
administration. The more distant any form of government is from public
accessibility, the more likely the planning of unpopular projects, programmes
or policies becomes (Jaakson 1972:18). Participation in public management
allows outside participants to play a watchdog role. Openness and
participation in public management tend to reduce the possibility of corruption
and may help to maintain high standards of behaviour (Benveniste, 1989:43).
Participation in the policy management cycle may empower citizens in
relation to public officials, which in turn may help to overcome possible
34
bureaucratic dysfunctions because of citizens’ involvement (Atkinson,
1992:48).
Furthermore, Taylor and Fransman (2004:1) provide information about the
importance of citizen participation and write that ‘citizen participation in governance
is regarded by many as having the potential to reduce poverty and social injustice by
strengthening citizens’ rights and voice, influencing policy making, enhancing local
governance, and improving the accountability and responsiveness of institutions’.
This is because it is currently acknowledged that people’s lives have to be improved
and it is through participation that societal ills can be cured. This means citizen
participation is important. Cahn and Camper (1968:6) in (Ohio State University
(online), 1998:3) solidify this point by arguing that ‘...Citizen participation provides a
source of special insight, information, knowledge and experience, which contributes
to the soundness of community solutions’.
From the above, it can be seen that citizen participation is viewed as important by a
number of authors. Its importance lies in the fact that it attempts to bring together the
citizen and the government along with the needs, wishes and the processes entailed in
the working of these groups (government and citizen) together. It is the basis upon
which government and citizens formulate the common ground for cooperation and
coexistence and aims at a common destiny in dealing with issues that affect both
groups.
The goals of citizen participation will be discussed next.
35
2.6 THE GOALS OF CITIZEN PARTICPATION
Following the importance of citizen participation, the many goals citizen participation
will be discussed. A goal is defined as the object of one’s effort or the target one
wishes to achieve (Oxford Dictionary, 1995:509). Van der Molen et al (2001:63)
summarises the citizen participation goals by different authors as follows:
• Citizen participation can be used as a strategy to reform governments.
According to the Oxford Dictionary (1995:981) to reform means to become or
make somebody or something better by correction and improvement.
Therefore, if citizen participation is a strategy to reform governments, it means
that through the participation of citizens, the government can change and be
improved in terms of satisfying the needs of citizens. For example, if a
government uses a top-down approach in planning, citizen participation can
change this especially if the issues affect them.
• Citizen participation is a worldwide movement away from centralised state
control to regional and local governance. Governments are called to respond to
the needs of the citizens but it has been found that centralised state control
makes this difficult hence in modern times governments are moving to local
government. This is the result of citizen participation. For example, through
citizen participation, after assessing the needs of the citizen, the government
can establish a police station or passport office in areas that are mostly
affected by crime hence moving away from centralised state control to local
governance.
36
• Citizen participation facilitates a strong civil society. Civil society refers to the
social and economic arrangements that counterbalance the powers of the state
by providing an alternative source of power and prestige to services offered by
the state, (Jackson & Jackson, 1997:125). When citizens continually
participate, they are exposed to information the government may need from
them; likewise they also make their needs and expectations of services known
to government. Therefore, civil society organisations will be strong because
each and every association will strive to make its voice heard by the
government. For example, through participation of people in government,
gender issues are made visible as a result of the influence of gender activists.
This means gender issues are now prominent as a result of participation.
• Citizen participation provides information to citizens. For example, if a citizen
participates in a given governmental process in local government, that citizen
will have the information concerning the action being taken. If citizens have
participated in the planning process in local government, they will have
information concerning the plans of the local government in terms of what is
going to be done, when and by whom, and they will know of the issues
involved. This means they will have information concerning their community.
• Citizen participation improves the public policy process. If citizens have
participated in the public policy process, it means the government will have a
responsive policy which really addresses the needs of the citizens involved.
Citizens are stakeholders in the policy process and as such they can play a
pivotal role in making the public policy process a success. For example, if the
37
government aims to make a policy concerning poverty in communities, if
citizens participate, that policy will be realistic as it will include the feelings of
the people hence improving the process of public policy.
• Citizen participation supplements public sector work. The work of the public
sector is to bring goods and services to citizens. When citizens participate,
there are other activities they can volunteer to undertake that supplement the
work of the public sector. For example, in the event that local government
constructs a road, citizens can collect stones and work as free labour to
supplement the work the government may be doing.
• Citizen participation refocuses political power and community dynamics.
Sometimes the political office bearers such as the councillors may feel
superior to citizens and make decisions without consulting them. However,
through participation citizens can make civil servants or officials aware that
they should consult citizens, thus refocusing political power and community
dynamics.
• Citizen participation defines the societal context in which policies are
formulated. Policies are designed to address certain social issues that stand out
as problems in society. If citizens participate, a great deal of information that
defines the social context in which a particular policy can be made can be
placed on the agenda. For example, HIV and Aids and Tuberculosis are a
problem in Southern Africa and policies made in terms of this problem can be
38
meaningful if people have participated because the realities of the disease will
have been established.
• Citizen participation can increase but cannot guarantee the chances that
programmes and projects will be acceptable. In the past, governments imposed
programmes on citizens without considering how the citizens might feel about
the programme. However, through citizen participation, citizens can gain
information about the programmes and such programmes will be acceptable
since people will have taken part in their formulation or would have
understood their rationale. This means citizen participation can increases the
chances of a project being found acceptable.
As has been indicated above, citizen participation has many goals. Therefore, it is
important that it be encouraged because through it, changes can take place that can
improve the lives of people and the relationship between citizens and government. In
order for citizen participation to have value, there are certain standards or qualities
that it has to meet. The next section deals with the standards needed for citizen
participation. These standards are important in that they can be used as a yardstick to
determine the effectiveness of citizen participation.
2.7 STANDARD FOR CITIZEN PARTICIPATION PROCESSES
According to the Oxford Dictionary (1995:1161) a standard is defined as a level of
quality. Therefore, in this research, standards for citizen participation refer to the
acceptable level required in order for that exercise to be taken as real, meaning that
any exercise or process named citizen participation should satisfy the elements as
39
specified in the standard. Standards are important because they differentiate between
ideal and real citizen participation. Standards dictate what citizen participation is and
what it is not. Citizen participation processes are based on the following principles
and standards that have to be met. Burgess and Malek (2005:2) list of seven standards
as suggested by the international Association for Public Participation and the Co-
intelligence Institute.
2.7.1 The International Association for Public Participation
The International Association for Public Participation is the preeminent international
organisation advancing the practise of public participation. It also supports
international research and offers some professional development training and services
on public participation. Besides this, it works with civil society organisations,
universities and governments (International Association for Public Participation:
online). This association lists the following standards that the practice of citizen
participation should meet:
• The public should have a say in decisions about actions that affect their lives.
• Public participation includes the promise that the public’s contribution will
influence the decision.
• The process communicates the interests and meets the process needs of all
participants.
• The process seeks out and facilitates the involvement of people potentially
affected by the proposed decision.
• The process involves participants in defining how they will participate_thus
how the process will be structured.
40
• The public participation process provides participants with the information
they need to participate in a meaningful way.
• The public participation process communicates to participants how their input
affected the decisions.
2.7.2 The Co-Intelligence Institute
The Co-Intelligence Institute is a non-profit institute that promotes awareness of co-
intelligence and of the many existing tools and ideas that can be used to increase
citizen participation. It embraces all such ideas and methods and explores the
integrated application of democratic renewal, community problems, organisational
transformation, national and global crises and the creation of a just, vibrant and
sustainable culture (Co-Intelligence – online). In terms of the practice of citizen
participation, the institute suggests the following standards:
• Involve all relevant parties.
• Empower people’s engagement _ in other words get them to feel ‘involved’.
• Utilise multiple ‘forms of knowing’. This includes rational, scientific,
narrative (story telling) and intuitive methods.
• Ensure high quality dialogue.
• Establish an on-going participatory process rather than having public hearings
after a long time.
• Help people feel fully heard.
All these standards espouse a public participation process where both citizens and
government will contribute effectively to the realisation of anticipated goals. The
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importance of these standards is that they lay the foundation upon which the
government and civil society organisations taking part in the process of citizen
participation can include citizen participation in order to make the process more
effective.
It is important to consider the conditions necessary for the process of citizen
participation to take place next.
2.8 THE CONDITIONS UNDER WHICH CITIZENS CAN PARTICIPATE
Although citizen participation is important, it is not possible in all cases. This means
there are certain conditions that have to be met for effective citizen participation to
take place. For example, as Hart (2003:9) indicates ‘genuine public participation
requires social inclusion, personal security, and freedom of speech and assembly. A
strong civil society, civic education and good channels of communication between all
levels of society facilitate this process. Only a considerable commitment of time and
resources will make genuine participation possible’.
The following are six principles of citizen participation which describe conditions that
tend to encourage people to participate. These conditions are adapted from Ohio
University (1998:4-8) and include the following:
2.8.1 An appropriate organization
It is not in every case that citizens can participate. It is in an appropriate
organisational structure that citizens can freely and willingly participate. According to
Ohio University (1998:4) ‘citizens will voluntarily participate in a community activity
42
when they have an appropriate organisational structure available to them for
expressing their interests. If they view the organisation as cumbersome, time
consuming, dictatorial, or grossly inefficient, they will not join, will withdraw after
joining, or their dissatisfaction may be evidenced by high absenteeism, or a general
unwillingness to be supportive or cooperative’.
Therefore it is important to establish the appropriate organizational structure to make
citizen participation feasible. The appropriate organizational structure has to reflect
the societal norms which people espouse. For example, the organisation should
attempt to use language that is known by the majority of participants. If citizens
forming part of that organization are Basotho, Sesotho language, dress codes and
normative aspects should be taken into consideration.
The organisation can have a strong bearing on, and is one of the important conditions
that need to be met before citizen participation is put in place. If not taken into
consideration, it can impede the process but if cautiously managed can advance it.
Therefore, there is a need to establish the appropriate organisational structure in
which the majority of citizens will feel free to participate in.
2.8.2 Benefits to be gained
Another important condition concerning citizen participation relates to the benefits to
be gained from it. As Ohio University (1998:5) has noted, citizens voluntarily
participate in a community activity when they see there are positive benefits to be
gained. The benefits can be of infinite variety, ranging from personal wants to desired
43
ends sought by a group, economic in nature or an activity to improve the morals of
community residents.
Benefits also vary in terms of kind and importance. The paramount issue is that
citizens should see the benefit of their participation. For example, a certain
community may run short of water for household or agricultural purposes. The
community leaders may call for people to participate possibly with the view to decide
on a solution to the problem. Citizens will participate if they perceive certain benefits
(Ohio University 1998:9-10).
According to Kouvertaries (1997:138), there are three types of benefits citizen look
for when they participate, namely material, non-material and purposive benefits. He
writes that material benefits include tangible rewards such as government jobs. Non-
material benefits are intangible benefits such as friendship, knowledge and
recognition. Purposive benefits are intrinsic rewards such as a sense of satisfaction.
Actually there are always benefits to be gained in the process of participation.
Rosentstone and Hansen (1993:18-19) believe that citizens who have immediate
interest in political outcomes are more likely to participate in politics than those who
do not. This means that to ensure that majority of citizens participate, benefits need to
be stressed. Merely knowing about issues surrounding citizens is a benefit that can be
stressed to encourage participation.
2.8.3 Way of life threatened
One of the reasons citizens will participate is because they feel that their way of life is
under threat. Sometimes citizens may have little or no interest in participating in
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community affairs but the moment they are confronted with a threatening situation,
they will be forced to participate. This means that they only participate as a response
to a certain threat facing them, such as the construction of a dam, the location of a
solid waste facility, or the establishment of zoning ordinances.
Whether citizen’s perceptions are accurate or not makes little difference. If they
perceive that there is a threat, they often organise volunteer groups to counter efforts
to establish change. This is citizen participation, and it is often spontaneous and
extensive. Citizen participation can be on either or both sides of an issue. The
principle involved is stated as follows: citizens will voluntarily participate in a
community activity when they see some aspect of their way-of-life threatened.
Threatening issues often seem morally, socially, economically, religiously or in others
forms unacceptable to a group. All of these issues are perceived as threatening by
local citizens and therefore citizen participation is extensive (Ohio University,
1998:6).
2.8.4 Obligation/Commitment
Obligation or political commitment is another condition necessary to determine
whether or not citizens will participate. Citizens frequently participate because they
feel an obligation/commitment to respond either to the situation affecting them or to
effect development in the community (Ohio University, 1998:9-10). According to
Clapper, (1996:57) in a democratic society, a citizen has a strong obligation to
exercise his/her rights of citizens participation. This means citizens will often feel
responsible for taking part in political issues affecting them. For example, in Lesotho
45
every citizen is free to participate in governance and as such every citizen has an
obligation to ensure that he or she takes part in issues concerning policy and planning.
2.8.5 Better knowledge
One of the conditions that determine whether or not citizens participate is their
knowledge about issue. People are reluctant to participate in community activity when
they do not have enough information to act on (Ohio University 1998:9-10). Thus,
they will avoid participation as long as possible or until they have what they believe
to be sufficient information. If forced, they will usually act negatively. This means
citizens will voluntarily participate in a community activity when they have some
knowledge of an issue or situation
If they do not understand, citizens act on limited information and opposition will
occur. Thus for citizens to participate effectively it is imperative to clarify issues so
that they understand the contents, the processes involved and their role in the
participation process.
2.8.6 Comfortable in the group
Feeling comfortable with a group is one of the most significant conditions for
participation. Participating as a member of a community development group may
present a variety of obstacles, normally emanating from the group one belongs to.
These obstacles can be visible or invisible in nature. The visible ones are easy to deal
with because they can be managed. However, some of the invisible obstacles make
potential participants uncomfortable. For example, issues such as mood, attitudes and
feelings which do not create common group norms can cause a major blockage and
46
this can affect participation. These issues need to be controlled because they can cause
differences which divide groups and discourage participation. These differences are
reflected in values, expectations and life styles and tend to make people
uncomfortable. In a nutshell, citizens will voluntarily participate in a community
activity when they feel comfortable in the group (Ohio University, 1998:9-10).
It can therefore be concluded that it is important to meet the above_ mentioned
conditions in order to facilitate citizen participation. To summarise, the following
points are important factors for facilitating citizen participation (Ohio University,
1998:9-10):
• Citizen participation can be facilitated by stressing the benefits to be gained.
This will work only if the benefits become obvious. Not only should the
tangible benefits be emphasised but also the intangible one, which are
frequently omitted, and yet are true gains of community action.
• Citizen participation can be facilitated by providing an appropriate
organisational structure for expressing interest. This may require organising a
more neutral group than may be in existence in a community. However, in
some situations, existing groups are adequate. Situation judgment is required
by persons with appropriate experience and competency.
• Citizen participation can be facilitated by helping citizens find positive ways
to respond when their way of life is threatened. Most people want to act
47
responsibly. These situations can be used to help people find a positive way to
deal with threatening predicaments.
• Citizen participation can be facilitated by stressing the obligation each citizen
has towards improving the community. However, people will not continue to
participate unless the experience is rewarding.
• Crisis situations have long been successfully used as a basis for gaining citizen
participation. Crises should not be invented but if they exist, they become
powerful motivation. The closing of a major plant, closing of a school, loss of
train service or a major drug problem are some examples of threats to a
person’s way-of-life that have served as rallying points for citizen
participation.
• The most positive of all approaches to facilitate greater participation is to
provide citizens with better knowledge. Obviously, the knowledge has to be in
line with their value systems. When it is, experience shows they usually act
accordingly. Adequate time and means of diffusing the new knowledge should
be employed for satisfactory results.
• Helping new or potential volunteers feel comfortable with the group probably
has the greatest potential for getting and keeping citizens in community
development work. This aspect is often overlooked because people are
reluctant to say why they are uncomfortable. Reasons often given are that they
are too busy or don't have time when they really are uncomfortable with the
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group. Careful consideration of these problems can greatly reduce these
concerns (Ohio University, 1998:9-10).
Following from these conditions it is now necessary to look at the different categories
of citizen that take part in citizen participation processes.
2.9 CATEGORIES OF CITIZENS IN CITIZEN PARTICPATION
Having discussed conditions necessary for instituting citizen participation, it is
important to identify and briefly discuss the categories of citizens that do participate.
This part basically outlines and answers the question of who should be involved or
what different categories of citizens are involved in the process of citizen
participation. According to Cloete and Meyer, (2006:114-115) there are four
categories of citizens who involve themselves in citizen participation:
• The first category is the legitimate, democratically elected political
representatives, for example, town, city or community councillors or other
political representatives at other governmental levels. These people are elected
by citizens to act on their behalf and as such they are representatives of the
citizens in making decisions in their behalf on matters concerning them. As
Cloete and Meyer (2006:114-115) put it, on the one hand, the democratically
elected political representatives get policy mandates in elections or ward or
constituency meetings and exercise their discretion as elected representatives
of the communities. On the other hand, they are expected to regularly report
back to their voters to obtain ratification of their decisions on behalf of the
communities or to seek new mandates.
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• The second category is that of leaders of legitimate organisations in the
communities which represent different interests and segments, for example,
civic, cultural, religious, welfare, recreational, youth and business. These are
the groups in society that advocate change. Certain issues in communities are
not dealt with as general issues but are treated as specific thereby requiring
special attention from a special group of people. These groups focus on the
issue that affects them. According to Cloete and Meyer (2006:114-115), ‘the
more substantial the interests that are represented, the more influential will be
the involvement of leaders and organizations. These leaders are also expected
to give regular feedback to their members or constituents in orders to
legitimize their actions’.
• The third category is that of individual opinion leaders in the communities.
Some people in communities wield influence because of their profession or
speciality in certain areas of life, for example, concerning health issues,
doctors and health workers are the people to consult and they have opinions
which the majority of citizens can honour. As Cloete et al (2006:115) indicate
some individuals can influence prevailing opinions because they are held in
high regard as individuals by members of the community, irrespective of their
position in the community.
• The fourth category consists of ordinary members of the public in mass
activities, for example, participating in public meetings, protest marches,
consumer boycotts and other types of direct mass action. Depending on the
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issue, ordinary members of society can participate as individuals to either
propose change or implement the programme in the community.
In some cases where the issue concerns the general public, a combination of these
categories of people is required. Following from this, the next part of this research
focuses on techniques which can be used to institute the process of citizen
participation.
2.10 TECHNIQUES OR MECHANISMS OF CITIZEN PARTICIPATION
Having looked at the different categories of citizens that can participate in the process
of citizen participation, it is important to identify and discuss the techniques for
implementing citizen participation. These techniques are means implementing the
process of citizen participation. There are many such techniques. Smith (2003:40) has
divided techniques in terms of the traditional and the emerging. Traditional techniques
include print publications, public meetings, open houses, advisory committees,
workshops, bilateral meetings, and focus groups. These techniques are adapted from
Smith (2003:40-44) and include the following:
2.10.1 Publications
Publications are the recorded documents or materials containing information that can
be used to provide citizens with information that enables them to participate in the
process. According to Smith (2003:40) publications produce documents or material
which may describe the process, define the problem, issue or situation, suggest
options or request direct feedback from readers on their views, interests or
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alternatives. In this way, citizens can respond based on the suggestions made in the
publications.
2.10.2 Public hearings and public meetings
According to Smith (2003:42) a public hearing or meeting is a forum at which
stakeholders can make formal statements about the issue at hand. Oral statements are
often accompanied by written reports where citizens express their feelings or ideas
concerning a particular discussion. A panel representing the government may ask
questions about a specific issue to which they expect the public to respond.
Sometimes the authorities may attend public hearings personally to get the feelings of
citizens and give a response thereto. Moreover, public meetings are sessions open to
anyone with an interest in the subject under discussion (Smith, 2003:42).
Public meetings often begin with a technical overview of the situation and process
and then provide opportunity for members of the public to speak from the floor
regarding their concerns or to ask questions of expert panellists. According to Van der
Waldt (2007:38) public hearings and meetings are designed for politicians and
officials to meet with, discuss issues with, listen to, accept criticism from, hear
complaints and comments and receive compliments from the community. At the end
of the session, whether public hearing or meeting, a report is normally written which
will then be submitted to the higher authorities for consideration. That report will
generally entail findings and recommendations made by the people together with the
panellists.
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As a result, public hearings and meetings as techniques of implementing citizen
participation are important because they facilitate citizen access to information, impel
mechanisms of transparency and accountability and create a space for citizens to have
a voice on issues that affect them, such as the use of public money (Van der Waldt
2007:38). In this way, a majority of citizens can be involved.
2.10.3 Open house
Smith (2003:44) notes that an open house usually communicates information about a
project or proposal through a series of displays. In this process, there are two groups
of people involved. These are citizens or their groups and the authorities. Citizens or
their groups are presented with the proposal of the project or programme to be
implemented and are allowed to have some views about it. The authorities then push
the project or programme and are present to answer questions and provide
clarification. Participants are asked to register their views before leaving. After the
process is over, information or handouts can be made available.
2.10.4 Advisory committee/task force
Groups are selected to represent a cross-section of interests, and may be asked to
prioritise, review, make recommendations, develop alternatives, evaluate and assist.
Advisory groups tend to be long-term, whereas a task force has a short time horizon.
The committee may be composed of citizens from different associations in the
community who have special knowledge or background or interests in cross-cutting
issues. They may act on behalf of general citizens and periodically or after the
completion of a task report to the public.
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2.10.5 Workshops
Stakeholders are invited to attend a meeting to review information, define issues,
solve problems or plan reviews. Generally, workshops are expected to educate
participants and solve a problem or develop a product such as an action plan. Most
workshops use facilitation where participants are given general topics under
discussion and are given a chance to present their general view and understanding
concerning the topic. A workshop is one of the most common techniques used to
advance participation. For example, if the government wishes to introduce a policy or
project, it can organise a workshop for a certain group in the community. This group
can then help disseminate the information or teach the general public about the
project.
2.10.6 Target briefings
These are designed to reach specific audiences who may benefit from private and
individually tailored presentations. Audiences for targeted briefings could include
ministers, municipal officials, media or specific interest groups. These are the groups
with special work whose effect or influence can have a strong impact on society or
citizens in the community. This technique may be used to get support from prominent
people in society. For example, if one wants to implement a programme on issues
concerning HIV and Aids, he/she can first brief the media so as to get the programme
thoroughly advertised or may present it to ministers who are the executive of
government.
2.10.7 Focus groups
Groups of eight or ten people are structured to represent a cross-section of the
stakeholders affected by an issue. A moderator leads a discussion of the facts,
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exploring participants’ feelings, values, interests and concerns. For example, if one
wants to get the feeling of business people on the proposed increase of tax, a focus
group composed of business people is held to get their input on the proposed move.
Focus groups can help the government obtain the legitimacy for its proposed
intention, for example, a policy on tax increases. This is because it allows the most
affected people to participate in the activity that may affect them. A focus group can
thus legitimise the programme or policy of government if properly implemented.
2.10.8 Bilateral meetings
The government meets directly with stakeholder groups to receive feedback or discuss
areas of interest. This can be useful if the issue under discussion is accompanied by a
high level of conflict. In bilateral meetings, there are two stakeholders involved,
government and citizens of a particular community and an issue to be discussed which
needs the attention of both parties. For example, if the government intends to build a
dam in a certain area, in some cases the dam might have to be built on protected
fields. This means the government will have to engage members of the community
whose fields will be affected. In that way the citizens, especially those most affected,
will be happy with the decision of government since they will have been consulted
concerning the aspect that affects them.
2.10.9 Toll-free phone lines
These provide an impersonal opportunity for the public to give feedback, provide
ideas or identify issues. The phone can be answered by a staff member who discusses
the issue directly with the caller, or by a taped message with opportunity to record
comments provided.
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2.10.10 Interviews and surveys
Interviews and surveys are used to collect information, solicit opinions and build a
profile of the groups and individuals involved. They provide information to the public
and help focus public attention on specific issues. Individual discussions with the
public or representatives of interest groups may allow participants to cover a wider
range of information than is solicited on a questionnaire, and thus perhaps to identify
new issues or concerns not previously considered.
2.11 OTHER (EMERGING) TECHNIGUES OF CITIZEN PARTICPATION
According to Smith (2003:40-44) there are six emerging techniques. These are open
space technology, future search conferences, E-participation, public policy dialogue,
appreciative inquiry and study circles. They are emerging because they tend to adopt
modern approach to citizen participation.
2.11.1 Open space technology
This technique uses plenary circles (i.e. participants sit in a circle) and has a few,
simple rules. Breakout sessions are organised, led and reported on by self-selected
participants. This technique can maximise the creativity, energy, vision and leadership
of all participants, and is egalitarian and inclusive. It can be used to set strategic
direction, plan or initiate a project, and develop standards, criteria or regulations. It
has the ability to maximise teamwork.
2.11.2 Future search conferences
These are workshop conferences at which 40-80 people join forces to visualise a
desired future and then design the steps needed to get the issue, process or
organisation somewhere. This technique uses a whole system approach and places
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emphasis on self-managed and small-group discussions. It can be used when the
solution to an issue or problem requires a change in organisational mission, functions
or structure.
2.11.3 E-participation
This includes a wide range of specific individual techniques, including e-mail,
provision of website information, bulletin boards, chat and news groups, dialogue
groups and virtual communities. For example, the South Africa Revenue Services
(SARS) has E-filing where citizens submit their tax returns electronically. These low-
cost approaches are only available to those who have access to a computer and are
useful when the community is spread over a broad geographic area, or where open
information-sharing is important. This technique is expensive since it needs
technology such as computers as well as the internet, which is not accessible to all
citizens. It needs a society that is technologically advanced.
2.11.4 Public policy dialogue
Public policy dialogue involves in-depth, detailed work with a variety of stakeholders
in a committee or workshop format, usually to achieve consensus on diverse views,
interests and values. In the policy development process, dialogue is especially useful
at the value and goal clarification stage and during option selection if trade-offs are
required. Dialogue may last from two days to two years, commonly two days per
month for three to 12 months. Inclusive representation of key stakeholders, often
including the government, is essential.
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2.11.5 Appreciative inquiry
Appreciative inquiry focuses on the positive aspects of a situation. It looks at
opportunities, strengths, proven capacities, skills and resources and affirms,
appreciates and builds on existing strengths. For example, if community members
want to fight poverty, they may be asked to identify the things they have in order to
deal with the problem of poverty and they might find that they have arable land as one
of the factors of production. This means with what they already have they can begin
to do away with the problem of poverty. Appreciate inquiry is a very effective way to
get people to think about their demonstrated abilities instead of listing and dwelling
on problems or challenges (Smith, 2003:44).
2.11.6 Study circles
Study circles explore a critical public issue in a democratic way. They analyse a
problem, develop strategies and actions and look at issues from multiple viewpoints.
For example, in a particular community, citizens may be confronted with the problem
of a high rate of pregnancy and may wish to deal with it. They can divide themselves
into groups and come up with strategies for dealing with the problem, which may lead
to solutions. Small-group discussions among peers are often facilitated. Study circles
have eight to twelve members and meet regularly over a period of weeks or months.
According to Smith (2003:43) this technique is especially useful at the problem
definition, values and goal clarification, option generation, and selection stages of
policy development.
The preceding sections have provided a list of techniques that can be used to
effectively implement the process of citizen participation. As has been seen there are a
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number of these techniques and the success of the process of citizen participation
depends on the careful selection of a combination of these. Choice of any technique is
motivated by the issue on hand.
The next section of the research will contextualise citizen participation in the planning
and policy process in local government. This section shows what techniques and
categories of citizen could be involved in the process of policy and planning in local
government.
2.12 CITIZEN PARTICPATION IN THE CONTEXT OF PLANNING AND
POLICY PROCESS AT LOCAL GOVERNMENT
After exploring the different techniques that can be used to effect the process of
citizen participation, the next step is to show how citizen participation in the context
of the planning and policy process in local government can take place. Therefore this
part indicates how citizens can participate in the policy and planning process. For the
purpose of being logical, the policy process and planning process are combined as
will be seen below. Since the definitions of these concepts were provided in Chapter
one, this sections will not repeat them.
2.12.1 Policy process
Citizen participation in the context of the planning and policy process will be
explained in this section. However, before embarking on this, the relationship
between policy and planning processes is indicated for reasons of logic. According to
Brynard (1996:132) planning should be placed in relation to phenomena such as
policy making and policy implementation by using goal perspectives as a guiding
factor. This means there is a relationship between the two concepts. Even though they
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are related, there are differences as well as similarities between the two. As Conyers
(1984:15) indicates, ‘policy process involves the making of decisions about the
direction in which change should occur, while planning is the process of deciding on
what courses of action should be followed to bring about these changes, and
implementation is the actual execution of these courses of action’.
Therefore in this instance, policy precedes planning because policy depicts the
broader direction to be taken to effect change while planning involves a decision or
course of action one will take to bring about the change. Moreover, planning is a
simplification of policies. This is as Brynard (1996:132) has indicated when he states
that ‘planning is a way of enabling policies to be translated into practical action
programmes which produce visible results – that is, goal achievement’. It is upon this
background that, in the context of this research, policy and planning processes are
combined. These processes entail a number of consecutive steps which are
interrelated and interdependent (Brynard, 1996:133). Therefore, the following section
indicates how citizens can take part in the process of planning and policy.
2.12.1.1 The establishment of a need / agenda setting
According to Cloete and Meyer (2006:105) ‘policy agenda setting refers to a
deliberate planning process through which policy issues are identified, problems
defined and prioritized, support mobilized and decision makers lobbied to take
appropriate actions’. Planning processes start by setting the agenda to be considered
by citizens and local authorities. This is because local government and citizens should
know exactly what it is that they need to achieve. They therefore have to collectively
establish the need or set the agenda of things they must achieve.
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According to Hogwood and Gunn (1984:67-68) there are certain factors that
determine whether or not the policy problem will appear on the policy agenda. Firstly,
the problem must have reached crisis proportion. This means it has to be a situation
that many people perceive as a crisis and where it has to be remedied collectively by
council and citizens. Secondly, it must achieve particularity. This means it should
have special attention. Thirdly, the policy problems should have an emotive aspect
which attracts media attention. And finally, it should have a wider impact on society.
This means it should be an issue that affects a wide spectrum of society.
At this stage, there are three groups involved: citizen, officials and elected
councillors, and they are expected to work together to decide on the proper needs or
agenda. Each group has its distinct role. According to Ismail et al. (2001:151) this
stage of the process is where community members identify their problems and needs
and where officials and elected councillors decide to put these matters on the agenda
of the council’s meeting. In terms of the techniques discussed above, this means a
meeting or public hearing can be used since it can enable these three groups to
effectively discuss the problems facing the community.
2.12.1.2 Policy formulation
After establishing the need or setting the agenda, the next step is to formulate the
objective or policy. This is where citizens, officials and councillors set objectives or
formulates policies they want to achieve in order to address problems they are facing
(Ismail et al. 2001:150). Policy formulation or design is the most important stage in
the policy process because it presents the government response towards achieving the
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problem identified in the agenda setting. According to Roux (2006:126) policy design
or formulation is ‘what government decides to do or not to do in order to counter a
perceived policy problem in society. It is therefore the planning and development of
policy content’. This is where the active participation of citizens is expected because
it is where the real plan of action is predicated.
As Roux (2006:126) indicates, policy design or formulation ‘comprises the
conversion of mainly intellectual and financial resources into a plan of action,
including goal and objective setting, prioritisation, options generation and
assessment’. As can be seen, this is the actual starting point of the policy or planning
process and is the most important stage as it determines the whole policy. Therefore,
citizens should be allowed to participate for many reasons, firstly, so that they know
how the societal problems will be dealt with; secondly, to enable them to be
thoroughly informed regarding the plan of actions that has been made; thirdly, so that
they know what goals and objectives are in place as well as to have a general
assessment of the whole process of the policy and planning framework. As such the
government should create an enabling environment that will make citizens feel free to
actively participate in policy design. To do this, many techniques for enabling citizen
participation can be used, such as public meeting and hearing.
2.12.1.3 Policy adoption
After developing and establishing objectives and goals or after policy adoption, the
next step is about policy adoption. Policy adoption is a process whereby the policy
recommendations made by officials are brought to the attention of council for
amendments, approval and adoption (Ismail et al. 2001:152). These recommendations
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are brought before council, and it is expected that, since council is elected by the
people, it should consult them to ensure that such recommendations have also been
adopted by the people. Ismail et al. (2001:152) remark that ‘it happens that council
can refer a matter back to the officials for further investigations. As that happens,
citizens can be informed and be included as the outcome of the recommendations is
sure to affect them’.
2.12.1.4 Policy implementation
Policy implementation is defined by Van Meter and Van Horn (1974:447-448) as
encompassing those actions by public and private individuals or groups that are
directed at the achievement of objectives set forth in prior policy decisions. This
definition highlights the fact that citizens can have a role in the implementation
process, especially if they have taken part in the formulation of objectives and plans.
This means it is the responsibility of citizens and government to make sure that policy
implementation is successful.
According to Brynard and De Coning (2006:180) ‘policy implementation is a
multifaceted concept, attempted at various levels of government and pursued in
conjunction with the private sector, civil society and non-governmental
organizations’. This is one of the most important steps in the policy process as
through this that policy is put into practice to determine change in the lives of the
people. This is the process where government and citizens can engage in active
partnership with a view to making policy implementation a success. As Brynard and
De Coning (2006:180) state, ‘in this partnership, strategic generation and planning are
vital ingredients in the policy implementation interface, and various implementation
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instruments have emerged, such as planning, strategy generation, programme
management, project management, operation management, contracting and
privatization as well as various forms of public-private partnerships’. As can be seen,
policy implementation is not an easy process because it involves many technicalities
and arrangements. However, citizens should be involved and be allowed to participate
in the process.
In the case of local government, it is the responsibility of officials to implement
policies while the role of councillors is limited to the monitoring and overseeing of
the implementation process (Ismail, 2001:153). It is during implementation that
officials seek public input or involvement in one way or another.
2.12.1.5 Feedback session /policy evaluation
After implementing the policy, the next step is about policy evaluation or feedback
sessions. According to Brynard (1996:133) feedback sessions are held to evaluate the
operation and determine whether the envisaged objectives have been met. In this
process, citizens and local government or council come together to evaluate whether
the outcome of the effort has yielded any expected results. In other words they sit
together to evaluate whether the problem facing the community, the processes
employed and the objectives have been dealt with or not. As Ismail et al. (2001:153)
state, ‘the council must, during and after the policy implementation phase, evaluate
the overall performances of its policies to get an idea of the effectiveness and
efficiency aspect of policies and programmes’. This means citizens should be
involved to some extent because as the beneficiaries of the policies, they are the ones
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to tell if the problem has been dealt with adequately and they will tell where
deficiencies exist.
Ismail et al. (2001:153) states that ‘the purpose of these evaluations is to take the
necessary corrective steps and to ensure public accountability’. This is also an
important stage of the policy process because this is where local authority and the
community evaluate the success of their efforts. As Brynard (1996:133) indicates,
feedback sessions are essential because they ensure that possible deviations do not
occur and in the case where they do, that they are acceptable within the confines of
the original plan. This means the council and the community are the ones to embark
on the process of evaluation. As seen earlier, there are many techniques that can be
employed by councillors to encourage citizen participation in the evaluation process.
For example, they can establish a task force which will represent the entire public in
the process of evaluation. This task force can deal with any shortcoming witnessed in
the evaluation process. To conclude, Ismail et al. (2001:153) warn that ‘if the policy
evaluation reveals any shortcomings or deviations or even the existence of new policy
problems, these can be channelled into the policy process and the entire process repeat
itself’.
2.13 CONCLUSION
This chapter has firstly provided the theoretical foundation for citizen participation.
An overview of citizen participation was provided where it was noted that citizen
participation is indispensable especially in governments that are democratic.
Moreover, it was noted that the concept of citizen participation emanates from the
theory of democracy. Democracy has been defined as a form of government organised
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in accordance with the principles of; popular sovereignty, political equality and
popular consultation. It was seen that these principles provide the foundation or base
for citizen participation in the government process. It was noticed that citizen
participation has been entrenched and provided for in the constitution of countries
such as Lesotho and South Africa. This is indicative of the fact that citizen
participation is important and necessary and therefore should be encouraged.
Various topics that show the importance, goals and conditions necessary for citizen
participation were covered. These topics indicated that citizen participation is
necessary and as such there is a need for arrangements or conditions to prevail so that
citizen participation becomes a reality. Furthermore, categories of citizens to
participate in government processes were identified and discussed. The techniques
through which these categories can participate were also discussed. It was seen that
there are traditional and emerging techniques which can be adopted to foster the idea
of citizen participation.
Finally, since the study is about citizen participation in the planning and policy
process, concepts such as policy and planning processes were also defined. For the
purpose of this study, these processes were combined because, as was seen, policy
informs the plan and as such the policy process and planning process are the same.
The last part of this chapter contextualised citizen participation in the planning
process by showing how citizens can participate in various policy processes. It was
noticed that citizens can participate in all these processes from agenda setting to
policy evaluation. In fact, all the steps mentioned are important although some may
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entail technicalities in which ordinary citizens cannot participate. It is therefore,
important and advisable that certain techniques be used to ensure that citizens have
taken part.
In the next chapter, the historical background of citizen participation in Lesotho is
discussed.
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CHAPTER THREE
HISTORICAL BACKGROUND OF CITIZENS
PARTICIPATION IN LESOTHO
3.1 INTRODUCTION
Chapter two provides an overview of the theoretical background of citizen
participation by defining citizen participation and showing the standards, importance
and conditions necessary for the process of citizen participation to take place.
This chapter provides the historical background to Lesotho and citizen participation
from 1824 to 1993 when the country made advances towards democratic rule. This
chapter is divided into eight parts. The first part provides an introduction; the second
is a geographical overview of Lesotho; the third provides the background during the
Moshoeshoe 1‘s reign, that is, from 1824 to 1868. The fourth part looks at the colonial
era, that is, from 1868 to 1965, the firth looks at the time Lesotho gained
independence from Britain, that is, from 1966 to 1970. During that period, the
government was in the hands of Basotho elected through a formal election process.
The sixth part provides an exposition of the history of Lesotho from 1970 to 1985.
This was a period of repressive and undemocratic rule. The seventh part provides the
discussion of a historical background under the regime of the military government
from 1986 to 1993. The eighth part of this chapter is the conclusion.
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Since this chapter provides an overview of the history and development of Lesotho in
relation to citizen participation, a comprehensive review of books on history, articles
from journals and academic resources both published and unpublished will be
considered.
3.2 GEOGRAPHIC OVERVIEW OF LESOTHO
Lesotho is a country located in Southern African. It is wholly surrounded by the
Republic of South Africa. According to the Lesotho Review Report (2011:3) Lesotho
is bounded by the province of KwaZulu-Natal to the East, the Eastern Cape to the
South and the Free State to the North and West. The total area of Lesotho is 30 355
square kilometres. The total land border is 909 kilometres and the maximum length of
the country from North to South is 434 kilometres (Lesotho Review Report 2011:3).
According to the 2006 population census conducted by the Lesotho Bureau of
Statistics, the current population stands at 1 880 661 with some 24% of the population
residing in urban areas. As it stands, more than 90% of this population are Basotho,
mingled with small clusters of people of Indian or European descent and of mixed
race (Lesotho Review Report, 2011:4). This means the most prominent social setting
reflects that of the Basotho where they espouse a common culture and heritage. As
such the Basotho are regarded as a homogeneous society in terms of ethnic-linguistic
composition and in terms of religion. Christianity is the most prevalent religion in the
country (African Peer Review Mechanism Report, 2010:2).
As has been pointed out in the Lesotho Review Report (2011:4) ‘most Basotho still
live a rural existence, with scattered villages and clusters of huts to be found in high
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lying areas well away from the dangers of river valleys and flash floods. Each village
has a chief, or a headman, who falls under the chief for the area. Although many
Basotho live and work outside Lesotho, their attachment to their local village and
culture is still strong and respect for the elders remains important’.
According to Ellenberger (1992: xvii) ‘the present inhabitants of Lesotho, who have
now been in occupation for some centuries, belong to the bantu race. Formerly they
lived in their separate septs and clans under the patriarchal rule of their chiefs, but
later on they all came under the sway of one man, Moshoeshoe 1, a man of great
power and intelligence…’. It was king Moshoeshoe 1 who organised the Basotho into
a distinct society with culture and defined territory. According to the Lesotho Review
Report (2011:4) ‘It was during the 16th and 17th century that bantu- speaking people
from the North began to settle in Southern Africa, with many living in small
chiefdoms around present-day western Lesotho. Raising cattle and cultivating the
land, members of these Southern Sotho tribes came to make up the Basotho people,
speaking the unique Sesotho dialect’.
Lesotho is divided into ten administrative districts each with its own capital. In each
district, there are district councils while there is only one municipality which is found
in Maseru. The districts are further divided into 80 constituencies and 129 local
councils and are responsible for bringing development to the respective communities.
These districts are Maseru, Mafeteng, Mohale’s Hoek, Quthing, Qacha’s Nek, Berea,
Leribe, Butha Buthe, Mokhotlong and Thaba-Tseka. Qacha’s Nek, the district of
interest in this study, was established in 1888 originally as a mission station and was
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later transformed into an administrative centre for paying taxes and issuing passes
(Lesotho Year Book, 2008:11).
To get a better overview of Lesotho, the next section will focus on the Moshoeshoe 1
era.
3.3 THE MOSHOESHOE 1 ERA 1820S TO 1868
According to the African Peer Review Mechanism Report (2010:2) Lesotho was
established by King Moshoeshoe 1 about 200 years ago. This was around 1820 when
he emerged to unite the scattered clans which were divided by the Lifaqane wars.
According to Mothibe (2002:15) the Lifaqane wars were violent upheavals that
unleashed a train of refugee-chiefdoms attacking and fleeing from one another. King
Moshoeshoe 1 united these clans and chiefdoms into the present Basotho nation. In
the process of building the Basotho nation, he used different strategies which made
him a prominent king.
Mothibe (2002:20) writes that ‘apart from the political strategies such as wars and
alliances, Moshoeshoe used economic and social strategies to build the Basotho
nation. Central to the forging and consolidation of his rule and the emergence of the
Basotho was his control over herds of cattle which were raided from neighbouring
chiefdoms and their distribution through a patronage system of mafisa (cattle loan)’.
The combination of these strategies helped Moshoeshoe 1 to build the Basotho nation
which was later united amid the incessant and ever-growing political instability and
violence of wars (Mothibe, 2002:20-21). In order to contextualise the historical
71
background for the research, it is essential that the social setting or organisation that
existed during the Moshoeshoe 1 period be examined, especially that with relevance
to the research. Therefore, the next part examines the social setting under Moshoeshoe
1 and is followed by an overview of citizen participation during this period.
3.3.1 Social setting under Moshoeshoe 1 and citizen participation
In order to understand the nature and extent of citizen participation in Lesotho during
the Moshoeshoe era, that is, from 1824 to 1868, it is imperative to examine
institutions and systems under Moshoeshoe 1’s reign. The social setting during the
Moshoeshoe 1 era consisted of many institutions as well as systems which
Moshoeshoe 1 used to rule the Basotho. However, for the purpose of this research, the
institutions that are considered relevant in this regard are the chieftaincy (kingship)
(borena) and the councillors (matona). Under this social setting, society was stratified
in terms of the chiefs on one hand and the citizens or commoners on the other.
According to Nyeko (2002:138), the word commoner was used to denote an ordinary
person or citizen who was not a chief or a member of the chief’s family. In this
research, the word commoner will be used to denote the ordinary citizen.
3.3.2.1 The chieftaincy or (borena)
The chieftaincy was the most salient institution at the time of Moshoeshoe1’s rule. As
Mothibe (2002:28) indicates, ‘central to the political organization of pre-colonial
Lesotho was the institution of borena’. Every village had a chief to whom every
commoner owed allegiance. The role of the chief was to make sure that there was
order in society. Chiefs were not equal in the exercise of their duties. At the top of the
hierarchy was the head chief, followed by a territorial chief and the lowest was the
headman. The head chief exercised authority over the whole area where people who
72
recognised his authority were settled and other chiefs below him were to rule in
respective places under his authority (Mothibe, 2002:29).
The chief had a special function which he had to exercise in order to ensure unity in
society. According to Mothibe (2002:28) the chief was the provider for the
community and he was responsible for public safety and welfare. This means he had
to make sure that there was stability in society by performing functions such as
dealing with conflict and protecting citizens against external attacks. In the
governance process, the chief worked in collaboration with bodies such as the
councillors who in most cases acted as his advisors.
The responsibilities of the chief were dynamic and overarching. Gill (1993:49)
summarises the roles and responsibilities of the chief by noting that ‘the chief was
responsible for the welfare of his people and he allocated land, grazing land, reeds and
trees. He was responsible for the executive, legislative and judicial functions, and was
assisted by elders from leading families as well as by traditional doctors who
performed a variety of functions. This institution became the most important and well
entrenched and it became well known during the time of Moshoeshoe 1. As Mothibe
(2002;28) rightly points out, ‘during Moshoeshoe 1’s rule this institution was
considered as a symbol of the nation’s cohesion and identity. In other words, borena
became centralized into a state system’.
3.3.1.2 The councillors or matona
The other institution worth considering is the institution of councillors or matona. The
councillors were the chief’s advisors appointed by him from different age groups;
73
liboko, interests and points of view (Mothibe, 2002:29). They were mostly initiated
males who had to advise the chief on a number of aspects and perform many different
roles. As Mothibe (2002:29) indicates, the councillors performed the following roles
and functions: they were supposed to advise the chief on public affairs and assist in
the day- to- day execution of duties; they had to gather intelligence on how people felt
about the chief’s manner of ruling; they had to be the eyes, ears and arms of the chief;
and finally they had to act as check against the chief’s despotic tendencies and render
crucial information that made for smooth governance of the kingdom ’.
There are certain qualities that were needed for appointment as councillor. According
to Mothibe (2002:29) councillors were men of substance and very valuable and loyal
to the chief. They were not yes-men who agreed with the chief on most issues. As
Mothibe (2002:29) puts it, ‘it was expected of them to criticize the chief or disagree
with him’. In other words, they were the people who had to deliberate national
policies and plans extensively so as to help the chief to run the country with utmost
consideration. The chief had to carefully consult and listen to them before he could
make a final decision, as failure could make governing difficult for him (Thompson,
1975:15).
These qualities were expected at all levels of councillor as they constituted different
categories. Mothibe (2002:30) states that councillors were divided into two main
categories: the elders and Moshoeshoe’s age-mates. The category of elders was the
most important category as it was responsible for advising and deputising the chief on
matters of governance. The category of age-mates was solely responsible for issues of
74
war and defending the nation and for ensuring the proper application of policies and
plans concerning war and the security of the Basotho nation.
For this research, these institutions are regarded as the most important as they were
responsible for helping the chief on matters of governance. One observation is that
women had no or little role to play in the whole governance process during
Moshoeshoe 1’s era (Mothibe, 2002:31). Moreover, it is noted that in most cases, in
order to act either as chief or councillor, initiation schooling had to be completed.
The next section looks at citizen participation during the Moshoeshoe 1 era as well as
mechanism used to foster it.
3.3.2 Citizen participation and mechanism to foster it
From the above, it is clear that some degree of participation by citizens occurred
during this time. This section examines citizen participation during Moshoeshoe 1’s
time by looking at the nature and scope of issues as well as mechanisms used to foster
participation. In terms of this research, there were two important mechanisms used
during the time of Moshoeshoe 1: public gatherings and the chief court (khotla).
3.3.2.1 Public gathering (pitso)
A public gathering is one of the mechanisms used during the Moshoeshoe 1’s time to
foster citizen participation. According to Mothibe (2002:30) ‘the pitso was a public
assembly which was attended by all initiated adult males, called by the chief to
discuss and make decisions on national matters’. Public gatherings were a medium of
communication where the government and the people discussed policy and plans. As
Thompson (1975:63) notes public gatherings were instruments of communication
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both downward from the government to the people and upward from the people to the
government.
Probably, during those days, citizen participation was solely done by initiated adult
males. This implies that women and the youth had no role to play in the governance
process as participation was a matter for men. This is because during the Moshoeshoe
1 era, society was structured in terms of certain rights and obligations. According to
Gill (1993:48) ‘the Sotho patriarchal society was based upon an intertwined and
complicated pattern of rights and obligation, both within and between various
extended family networks. Fulfilling one’s obligation and maintaining social harmony
were central to Sotho morality and law. Each sex and age-group had its own rights
and responsibilities, and much of the work, which was often communal in nature, was
accomplished by a specific sex or age group at a particular time’.
As such, issues of governance were basically the business of men, especially initiated
adult men and councillors. Gill (1993:49) confirms this by pointing out that ‘men
played a dominant role in matters of government and ownership of wealth’. This is
why only men were responsible for participating in national matters such as policy
formulation and planning processes. Women were not allowed to participate because
of their social standing and their specialised role. As Gill (1993:49) notes, women
were legally minors and their role was strictly to prepare food and be engaged in
agricultural activities.
Although, the process of citizen participation during the Moshoeshoe 1 era can be
regarded as discriminatory in the modern sense, it was regarded as important and
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democratic. Mothibe (2002:30-31) notes that ‘a pitso was characterised by
considerable freedom of speech whereby people expressed their views freely and
openly on issues of national importance’. Perhaps this was because participants shared
a common agenda and issues discussed were not as diverse and complicated as in
modern times. The pitso was an important mechanism for fostering citizen
participation in matters of government. The other distinguishable importance of pitso
is that it was the mechanism for disseminating and re-enforcing decisions reached by
councillors with the chief on policies and plans. As Gill (1993:49) remarks ‘the pitso,
though allowing for a free flow of views and even harsh criticisms, was more
important as a method of re-enforcing major decisions that had already been arrived at
by the inner circle of the councillors’.
It can be concluded that the nature of citizen participation during the Moshoeshoe 1
era was discriminatory as it excluded women but it was also open to every man who
was free to raise issues without fear. It was also to some extent democratic and active.
This is because according to Mothibe (2002:31) ‘…the Basotho had an open and
democratic system of government that Moshoeshoe consolidated during his life’.
Having looked at the public gathering (pitso) as a mechanism of fostering citizen
participation during the Moshoeshoe time, it is important to look at another
mechanism of participation that was used hand-in-hand with the public gathering, the
chief court.
3.3.2.2 The chief’s court
Gill (1993:48) defines the chief’s court as a public courtyard of the chief which
provided daily face-to-face interaction between chiefs and commoners on a wide
77
range of subjects. The chief court was the place where major decisions were taken. In
fact it was a decision-making place where most legislative, executive and judicial
matters were dealt with. The chief’s court shared most of the characteristics of the
pitso. The only difference is that it witnessed the daily interaction of chief and
commoners while the pitso was attended at certain times.
Two major common characteristic of chief’s court and public gatherings are that in
both cases, only initiated adult males were allowed to attend. This means men had to
ensure that on a daily basis, attended the chief court as this was where issues
concerning protection and security were discussed. Chief, councillors as well as other
initiated men can be considered the major participants in as far as Moshoeshoe 1 reign
were concerned. As such, men had to spend a lot of their time at the chief court to
participate and consider issues of policies and plans concerning protection and
defence of the community. As Gill (1993:49) puts it ‘finally men provided defence
and protection of the community’s entire wealth under the leadership of the chief.
Together with the time spent in the decision making process at the khotla, men
contributed a good deal of time and resources to the prosperity of the body politic or
chieftainship’.
To conclude this part, it is important to show that some degree of participation can be
recognised during Moshoeshoe 1 era. Although citizen participation can be argued to
have taken place, the following points are highlighted as issues surrounding it. Firstly,
during the Moshoeshoe 1 reign, the institution of chieftainship had tremendous
influence and was entrenched and accepted by citizens. Secondly, participation in
government matters was solely the responsibility of initiated adult men; thirdly
78
women were legally minors and therefore had no role to play in any process. Fourthly,
citizen participation was done frequently, that is, major decisions were reached and
the chief and the councillors. Finally, the process of citizen participation was active
and democratic, although it was discriminatory as it excluded women.
The next part of the research provides a historical background from colonisation to
the formation of political parties in the 1950s. This section traces the historical
background of citizen participation in Lesotho from 1868 to 1965.
3.4 THE COLONIAL ERA 1868 to 1965
Literature on the historical background of Lesotho indicates that between 1820 and
1867 Lesotho was faced with challenges of war from other tribes such as boers and
Zulus. This later forced Moshoeshoe 1 to seek protection from Britain. As Lesotho
Review Report (2011:4) indicates ‘further attacks from the boers came in 1867 and
with pressure mounting, Moshoeshoe 1 appealed to the British for help. In March
1868 the country became a British protectorate known as Basutoland and its present-
day borders were established’. Following the formal colonization of Lesotho by
Britain, many changes took place and this later affected the political dispensation and
certain institutions inherent in the Lesotho governance. The colonial administration
introduced colonial laws which the Basotho had to abide by. The next section looks at
the institution of chieftainship and how it related to the colonial administration.
3.4.1 Chieftainship and its relationship with colonial administration
According to the Lesotho Review Report (2011:4) Moshoeshoe 1 died in 1870 and
after his death, the control of Basutoland was transferred to the Cape Colony.
Moshoeshoe was succeeded by his first son Letsie who was given the position of
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paramount chief. The colonial administration worked hand-in-hand with the
paramount chieftaincy and made all possible efforts to strengthen it. As Gill
(1993:143) remarks ‘during the whole period, the British authorities firmly supported
the position of the paramount chief and thus tried to re-establish it as the central
institution of government in Lesotho as it had been during the days of Moshoeshoe’.
The colonial administration gave the institution of chieftainship some powers as well
as responsibilities. Some of these powers and responsibilities were to advance and
augment the interests of the colonial administration. The prime responsibility that was
given to the chief was that of ensuring that the customary civil code was implemented
and obeyed. According to Thabane (2002:104-105), after colonial administration
began, the Basotho were allowed to keep their customary civil code and the chiefs
were to deal with the customary cases at the chief’s court.
The colonial administration entrusted some of the duties emanating from colonial
laws to the chiefs. However, before implementing these, it had to see to it that it
modified the chieftainship so that it became an integral part of colonial administrative
and judiciary machinery. As Thabane (2002:105) points out, ‘the colonial government
took the place of the chiefs that the people were used to and chiefs could only remain
in office on condition that they enjoyed the confidence of the colonial officers’. This
meant the institution of chieftainship had changed dramatically from that established
during the Moshoeshoe 1 era. As can be seen, during the colonial government, chiefs
acted on behalf of and to advance the interests of the colonial government. This is
why they were given special tasks by the colonial government. According to Thabane
(2002:105) under the colonial government, the chiefs were also given tasks such as
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the enforcement of changes required by the colonial government, tax collection,
assisting in labour recruitment and many others emerging from time to time.
Chieftainship had changed drastically from what it used to be especially in its
relations to commoners. It had become the most useful part of colonial government.
As Thabane (2002:121) points out, ‘to be a useful part of the colonial state, the
chieftainship had to be transformed in three ways. Firstly, its source of legitimacy and
power base had to be changed so that chiefs remained in office at the pleasure of the
colonial government, a pleasure which depended on their loyalty and support to the
colonial government and its policies. Secondly, the colonial government gave the
chiefs more power over the commoners than they had enjoyed in pre-colonial times.
However, the colonial government was careful not to empower the chiefs in such a
way as to eliminate their dependence on the colonial state and thereby make them feel
politically independent and strong enough to challenge the colonial authority. Thirdly,
a significant part in securing the chiefs collaboration with the colonial government
was played by the colonial government ensuring that the chiefs had a stake in the
colonial economy. The commission on tax that the chiefs received from the colonial
government became a powerful means of securing their acquiescence as those who
did not comply with the colonial instructions or others had their commission withheld
from them’.
Despite the colonial government’s efforts to modify and strengthen the institution of
chieftainship, many chiefs experienced difficulties and challenges in their area of
work. Some of these were based on transforming political developments while others
81
emanated from the changing perception of the people. As Thabane (2002:106)
comments, ‘In this development, it was the relationship between the people and the
chiefs that suffered because the people lost their ability to ensure that the chiefs power
was exercised with restraint’. This occurred because in the past, the people used to
participate in whatever policies and plans the chief was to implement whereas under
colonial rule the chief received the mandate from the colonial government. Some of
the tasks the chiefs executed were unfamiliar to the people and this subsequently
affected the relationship between the people and the chiefs. Thabane (2002:106)
remarks, ‘this led to a polarization between the commoners and the chiefs and an
increased exploitation of the commoners by the chief’.
To summarise, the institution of chieftainship remained important during the colonial
government’s time. Despite this, it had to deal with challenges which primarily
emanated from the discontent of people as a result of colonial laws which were
foreign to them. For example, the issue of tax collection by the colonial government
caused a major rift between chief and commoners. According to the Lesotho Review
Report (2011:4) this led to a gun war which started in 1880 and ended in 1881. Gill
(1993:143) states that ‘The paramount chief was central, and yet society had been
changing rapidly since the days of Moshoeshoe 1. Some institutions remained
outwardly the same, but their inner dynamic changed. Others changed or were
superseded while still preserving something of the old spirit’.
One of the aspects that became prevalent was that there was intense hostility among
the chiefs themselves. Shortly after the death of Moshoeshoe 1, Letsie, his first son
took power. Letsie was different from his father to the extent that he failed to maintain
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the institution of chieftainship by controlling the chiefs under him. According to Gill
(1993:135) ‘Letsie’s prestige had suffered greatly during the gun war and was at all
times low. His brothers did not follow his leadership nor did some of his own sons.’
This led to a division among chiefs. As said earlier, many chiefs looked up to the
colonial government for power and legitimacy. There were also chiefs who resisted
the colonial government. Gill (1993:135) points out that ‘Letsie and certain chiefs
were forced to look upwards to the colonial administration for support and not
downwards to the people and subordinate chiefs’.
As has been established above, the institution of chieftainship changed dramatically
during the colonial era and this somehow affected the mechanisms used to foster the
process of citizen participation prevalent during the Moshoeshoe 1 era.
The next section looks at mechanisms to foster citizen participation such as public
gatherings and the chief court as well other mechanisms that subsequently emerged
during this time.
3.4.2 Mechanisms to foster citizen participation
As has been established, during the Moshoeshoe 1 era there were primarily two
mechanisms used to foster citizen participation. The colonial government changed the
political and societal structure where, according to Mothibe, (2002:29) the institution
of chieftainship was earmarked as ‘the symbol of the Basotho nation’s cohesion and
identity’. It transpired that the chief then owed allegiance to the colonial government
not the people as had been the case during the Moshoeshoe 1 era.
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3.4.2.1 Public gatherings
During the Moshoeshoe 1 era, public gatherings (pitso) were central instruments for
fostering citizen participation in government. The colonial era came with many
changes that severely altered the relationship between chiefs and people: the
institution of chieftainship dwindled. In terms of the tradition that had been
established during the Moshoeshoe 1 era, public gatherings were called by the chief to
let the commoners participate in government. However, during the colonial era, public
gatherings were no longer effective as mechanisms of fostering citizen participation
(Gill 1993:137). There are two reasons why this occurred
Firstly, the inherent conflict between the chiefs was one of the key factors that
rendered public gatherings less effective. In order a for public gathering to have been
effective, it had to be organised properly by the chiefs under the paramount chief, but
the friction between chiefs made it difficult since in most cases they could not reach
consensus. Gill (1993:137) states that ‘with so many splits in the sons of Moshoeshoe,
it became difficult to hold a national pitso because it was almost impossible to reach a
consensus which could be enforced’. The chiefs, it appears, could only unite together
when a common threat was posed to them as a ruling class’. This means the critical
issues that affected society were no longer discussed and as such the people, the
commoners were left with no choice but to seek alternatives.
Secondly, a growing population and transforming society affected public gatherings
and conduct. According to Gill (1993:147) the national pitso had become very
cumbersome as the population grew ever larger. Public gatherings were possible and
manageable when the population was small. However, as it grew, the public
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gatherings were no longer functional. The Basotho population increased to
approximately 350 000 in 1905 from 24 000 during the Moshoeshoe 1‘s era (Gill
1993:145). Public gathering became too demanding as many aspects had to be
considered. For example, society transformed and was gradually socialised into
colonial styles but some chiefs were slow to learn new skills of leadership. Some
chiefs began drinking alcohol, for example, and their image as leaders deteriorated.
According to Gill (1993:137) they became addicted to alcohol, failed to perform their
duties and refused to learn the skills necessary to function in the evolving social and
economic order of the day. Even at public gatherings chiefs could not exercise their
duties as effectively as before.
Where it had been the chief’s role to organise public gatherings and to lead
discussions with the help of councillors and other chiefs, and as Gill (1993:147)
states, ‘after hearing the views of all his people, the chief would weigh these opinions
and make a final decision’, many of them failed to do so as they had become victims
of alcohol and were no longer responsive to issues raised by the people at public
gatherings.
Pursuant to this, it can be concluded that public gatherings was no longer active and
responsible as they had been during the era of Moshoeshoe 1. They did not serve as a
strong participation mechanism during the colonial era. As Gill (1993:146) points out
public gatherings became unwieldy. The next section looks at the chief’s court as one
of the mechanisms for instituting citizen participation during this time.
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3.4.2.2 The chief’s court
The other instrument used to foster citizen participation was chief’s court or khotla. It
was an occasion that initiated males attended every day to participate in national
affairs with the chief. However, the chief’s court was affected by the same
developments that affected public gatherings, as the chief was responsible for
ensuring that discussions took place. One of the developments that greatly affected
the conduct of business at the chief’s court was the introduction of a tax by the
colonial government. This forced many Basotho men to migrate to South Africa in
search of jobs to enable them to pay tax. This destroyed the chief’s court. According
to Weisfelder (1974:95) ‘massive, regularized migration of Basotho to jobs in South
Africa eventually destroyed the everyday, face-to-face communication and sense of
communal participation in the lekhotla (local chief’s court).’
Therefore, the chief’s court gradually dwindled, greatly affecting the prospects for
citizen participation as most men migrated to South Africa and only a few were
available for the chief’s court. The other impeding factor was that the chiefs were also
not active as they no longer served the interests of the people since they were then
advancing the interests of the colonial government (Gill1993:146).
It can be concluded that the traditional mechanisms of instituting citizen participation,
namely public gatherings and the chief’s court were no longer as effective as they
used to be during the Moshoeshoe 1 era. The chieftainship, which played a pivotal
role in ensuring that there was strong participation by commoners in these institutions
or mechanisms, changed drastically with the advent of the colonial government.
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The next section identifies and analyses the newly emerged mechanisms that came
into force for instituting citizen participation under the colonial government.
3.4.3 Participatory organizations that emerged during colonial period
During this time, when public gatherings became unwieldy and cumbersome, other
mechanisms and organisations for instituting citizen participation emerged.
Mechanisms such as national council were established by the colonial government
while other participatory mechanisms were established by the citizens at the
realization that the pitso or the then participatory mechanisms were not allowing them
enough of a platforms for participation. These mechanisms will be identified and
analysed and the nature of citizen participation that ensued will be determined.
3.4.3.1The Basutoland National Council (BNC)
After Lesotho was colonised by Britain in 1868, the indigenous institutions of
government in Lesotho no longer functioned effectively (Gill 1993:146). As such the
colonial government had to come up with several reforms to stabilise the country.
Many political as well as administrative reform measures were developed and put into
operation. According to Nyeko (2002:133), ‘the British administration had begun the
process of streamlining the system of government by introducing a series of
administrative reforms to rationalise the position of chiefs and to incorporate them
into the colonial hierarchy. One of the most significant reform measures the British
introduced at the turn of the century was the establishment of the Basutoland National
Council’.
Although the National Council was initiated in the late nineteen century, it held its
first meeting in 1903 (Nyeko, 2002:133). This can be regarded as the time the council
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became functional. As the country had been initially run under a chieftainship system,
the colonial government had to establish mechanisms through which it could run the
country. This is why the colonial government saw it prudent to seek ways of
incorporating chiefs’ as well as the people’s opinions on their government. This is
reflected in the nature of the membership of the people forming the council, which
consisted from people of different backgrounds (Nyeko 2002:133).
According to Nyeko (2002:133), the membership of the council consisted of the
Resident Commissioner and his five appointees, the Paramount Chief along with
ninety-four chiefs and headmen chosen by him and a handful of commoners
appointed by the resident commissioner or identified by some chiefs as their
representatives. Basically, the National Council was intended to resemble a public
gathering system where chief and people met to discuss national issues. As Gill
(1993:146) states, the National Council was also meant to replace the national pitso
and was regarded as a forum in which where people could participate.
The National Council was formed to perform the following functions. Firstly,
according to Nyeko (2002:133), it was a vehicle for advancing and maintaining
chiefly and colonial powers. Secondly, it was a gathering at which important advice
could be given to the Resident Commissioner by Lesotho’s leaders (Gill 1993:147).
Thirdly, it was meant to represent the opinions of all Basotho (Gill 1993:147).
The National Council did not work as smoothly as had been envisaged by the colonial
government. One of the factors that impeded the smooth operation was the inherent
conflict among chiefs. This conflict was further witnessed even in the deliberations of
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the work of the National Council. For example, Nyeko (2002:133) states that
‘Lerotholi had wanted the National Council to be a law-making body but Jonathan
Molapo, his most powerful rival, refused to accept such a proposal lest it be used to
curb his own power’. The other area of conflict was caused by those chiefs who were
against the administration of the colonial government.
However, there is one remarkable function that the National Council performed
during the time of its operation. As Machobane (1990:76) has stated, the council’s
only major contribution to law-making was the drawing up of the laws of Lerotholi,
which were a set of rules and customary practices touching the various aspects of
Basotho social organisations. Despite its success in drawing these laws, it later
experienced difficulties and challenges from commoners’ organisations. This is
because these laws were meant to regulate and hence were directed against the
commoners. Henceforth, the national council endured through a volatile political
environment filled with tensions (Nyeko 2002:134).
The contribution of people was very limited during this early stage of colonial
government. The Basotho people had been accustomed to frequent participation either
at the pitso or chief’s court but this practice gradually diminished as the colonial
government took over (Gill, 1993:146). It was generally believed that the National
Council was replacing the public gatherings as public gathering was the mechanism
through which many Basotho commoners participated and aired their opinions. As
stated in Gill (1993:147), the National Council was intended to represent the opinions
of all Basotho. Practically, it did not because, looking at the membership of the
council, there were few people representing the interests of the common people. As
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such it can be argued that it did not truly represent Basotho people. As Nyeko
(2002:133) argues, ‘it could hardly claim to stand for the interest of most Basotho’.
This was in contrast to the times of Moshoeshoe, where large numbers of people
would have a chance to participate in public gatherings.
To summarise, the National Council was no longer an important mechanism for
ensuring the wider participation of the Basotho people. As Nyeko (2002:133) states,
‘this Council was essentially a consultative body with limited powers’. Its mandate
and objectives were purely to foster the interests of the colonial government. This is
why it became inactive both as a participation mechanism and law- making body. The
institution of chieftainship was sick and divided, hence the national council could not
work effectively because many chiefs were not in harmony and as such they foiled the
smooth running of the body (Nyeko, 2002:133).
While the National Council was very weak of making sure that citizens played a role
in shaping the political development, the commoners started organising themselves to
have a say in the affairs of government. The commoners complained that their views
were not represented in the National Council. Gill (1993:148) notes, ‘a rising
generation of educated commoners complained as the council was composed entirely
of the chiefs while the views of the commoners were not taken into account by the
rulers’. This led to the development of organisations formed exclusively by the
commoners. The next section scrutinises the motives behind the establishment of
associations and analyses them as a mechanism for participation.
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3.4.3.2 The commoners’ organizations and citizen participation
Being aware that the indigenous institutions of government in Lesotho were no longer
functioning and that the national council had left them out, the commoners resorted to
organising themselves (Gill1993:148). Many Basotho commoners had attended
missionary schools while some Basotho were keeping strong ties with the traditional
chieftainship structure. The commoners who had enrolled in missionary schools later
became teachers, clerks in the civil service and traders. These groups later became
aware of the situation in which they existed and so developed ways to oppose the
colonial government. As Nyeko (2002:131) states, ‘the first group of Africans to
recognise this were the newly educated elites or the middle class, the product of
mission schools, who began to seek other possible methods of opposing European
domination’.
Subsequently, this group established associations where they demanded that certain
aspects of life change. Apparently, they were aware that commoners had been totally
ignored and left out of the national council by the colonial government. As a result
they saw it as important to seek ways through which they could participate and
improve their living condition. As Nyeko (2002:131) points out, ‘during these years,
the concerns of the African elite were to attain better education, improved agriculture,
more health services and greater opportunity for domestic employment of Africans’.
In other words, they wanted the colonial government to change and improve the
wellbeing of Basotho people. They wanted to have a say in the way government
operated.
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As a result of this, this group established organisations through which they could
advance their needs and aspirations. It is in this context that the next part of this
research examines these organisations and analyses them in relation to citizen
participation. There are three main organisations that emerged during the early days
of colonialism. However, for the purposes of this research only two of them are
identified and analysed. These are the Basutoland Progressive Association (BPA) the
Lekhotla la Bafo (LLB). The third organisation it did not survive as it was formed
without being able to make any input.
(i)The Basutoland Progressive Association (BPA)
The Basutoland Progressive Association (BPA) was formed in 1907 by a group of
mission-educated Basotho commoners against a background of political tension and
uncertainty in Southern Africa as a whole (Nyeko, 2002:134). After the colonial
government came into power in Lesotho, many developments, changes and reforms
took place. For example, the colonial government introduced laws which the Basotho
had to abide by. One of these was the issue of tax which was to be collected by the
chiefs, as was seen earlier. Some, if not most, of the colonial reforms and laws were
not embraced by the Basotho commoners. As Nyeko (2002:135) remarks ‘the
immediate stimulus to the organisation’s birth was resentment over the British
colonial government’s actions in consolidating chiefly power’.
The Basutoland Progressive Association was mainly composed of the elite who had
received education and wanted to see change in the lives of Basotho people.
According to Gill (1993:164) ‘this elite, which was known locally as the bahlalefi (the
educated ones) or matsoelopele (the progressive ones), was composed mainly of
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teachers, government clerks and interpreters, ministers of religion, writers and
businessmen’. The major goal with the formation of the association was to oppose the
colonial government’s actions which were discriminatory and not beneficial to the
Basotho and to fight for the participation of the Basotho in national affairs. As Nyeko
(2002:135) indicates, the organisation’s goals were summed up in the motto ‘not for
us, but for our country and humanity’, which embraced both socio-economic and
political objectives.
The socio-economic objectives of the association were:
• the introduction of modern agricultural practices
• assistance in the creation of small-scale industrial ventures
• local employment for Basotho people
• the provision of basic social services in areas such as medical care, education
and transport
• assistance in the development of traders
• the institution of a system of private property and inheritable land ownership
The political objectives of the association were:
• the elimination of racial discrimination
• the involvement of more Basotho commoners in administrative decisions
• to provide greater representation for commoners, especially the bahlalefi (the
educated ones) in the processes of national decision making
• to prevent the chiefly abuse of power in judicial decisions and land allocation
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It can be seen from these objectives that the formation of the Basutoland Progressive
Association was a total attack on the colonial government and that it wanted to see
improvement in Lesotho. They wanted to participate in national matters like during
the time of Moshoeshoe 1. The association saw that in order to advance the interests
of the Basotho people, they needed the colonial government to allow them the
opportunity to participate. They wanted to see progress and they equated it with
participation. As Nyeko (2002:135) writes in this regard, ‘according to its
constitution, the BPA’s other objectives included its members’ debates and
discussions on matters that contributed to progress’. This point indicates that citizen
participation in government was considered indispensable and the BPA realised that
Basutoland would be a better place to live in if people’s needs were taken into
consideration.
Although the Basutoland Progressive Association experienced some problems with
the colonial government, it was recognised at a later stage. The colonial government
granted it membership in the National Council and welcomed its participation. As
Nyeko (2002:136) points out ‘by 1919 the British colonial government had granted
the BPA their request for representation in the BNC and their support to the
organization had become stronger and more explicit.’ Apparently, the BPA was able
to some extent to participate in the national affairs of the country through its
membership in the National Council.
The next organisation that will be looked at is the Lekhotla la bafo.
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(ii) Lekhotla la bafo (LLB) / the commoners’ league
According to Nyeko (2002:138) the lekhotla la bafo was formed in Mapoteng in 1919
by the two Lefela brothers, Josiel and Maphutseng, both of whom represented the
newly emergent class of self-educated Basotho commoners. The commoners’ league
was totally different from the Basutoland Progressives Association in the way that it
approached the colonial government and organised its business. As Nyeko (2002:138)
points out, the lekhotla la bafo was launched as a reaction to its more conservative
predecessor the BPA and radically different in that it appeared ‘fiercely anti-
imperialist and uncompromising’ in its opposition to the colonial government. The
commoners’ league was open to and spoke for all Basotho peasants from the outset
and emerged as the bigger organisation in comparison to the BPA. According to
Machobane (1990:181) the followers of the commoners league was composed of
disaffected and poorer Basotho people, the landless, the migrant labourers, small
shopkeepers, members of independent African Churches, some disgruntled junior
Basotho chiefs, Basotho women and some Indian residents of Lesotho.
Apparently, the commoners’ league drew its membership from different segments of
society. Unlike its predecessor, it was the first organisation that allowed women to
participate. According to Nyeko (2002; 138) the organisation had two principal
immediate demands. The first one was the ending of chiefly abuse of power,
especially in the operation of the matsema. The second was the need for the Basotho
commoners to be represented in the National Council. Apparently, these demands
were directed at the two major institutions that were predominant during this era,
namely the chieftainship and the colonial government.
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The organisation, through its leader, Josiel Lefela, embarked on a series of activities
which could be regarded as mechanisms for meeting their demands. These demands
could be regarded as objectives that they were pursuing. In order to meet their
demands and implement their objectives, the commoner league used petitions,
correspondence with colonial officials, newspaper propaganda, delegations, boycotts
and strikes to fight the colonial government and chieftainship (Gore, 1979:17). The
first demand was the ending of the chiefly abuse of power particularly the matsema
(commoners’ labour for cultivation in chief’s land). On this note, the league criticised
the chiefs in that the matsema only benefited the chief and not the general population
as the chiefs resorted to selling the produce for their own gain (Nyeko, 2002:142).
Their demand was not the total abolition of the chieftainship as they cherished it, but
against the way it operated. As Nyeko (2002:143) remarks, they preferred to have it
returned to the pre-colonial ideal of chieftainship before it was tarnished by British
colonial rule. According to Gill (1993:171) ‘The LLB strove to restore the old
equilibrium of rights and responsibilities between chiefs and commoners’.
The second demand of the league was the need that the Basotho be represented in the
National Council. The argument of the commoners’ league was that the interests and
ambitions of commoners were not heard as the council consisted mainly of chiefs.
The league, through its leader Lefela, instituted a series of attacks on the national
council claiming that it was not advancing the interest of the common Basotho. As
Nyeko (2002:140) comments, Lefela and the league ‘condemned the council for being
undemocratic and merely representing and perpetuating the interest of the chief’. For
the LLB, the National Council had to be democratic in the sense that many
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commoners should be represented so that their interests could be voiced. As Nyeko
(2002:140) states, for Lefela and the league, ‘the commoners’ voice was being totally
neglected’.
Meanwhile, the commoners’ league remained the strongest force through which the
majority of commoners participated in resisting some of the policies of the colonial
government. During the 1920s and 1930s, Britain and the Union of South Africa
conducted protracted negotiations about the future of the protectorates where the
objective had been to incorporate Lesotho and other protectorates into South Africa.
The commoners’ league sternly objected to the move. As Nyeko (2002:144) states ‘in
the case of Lesotho the LLB played a critical role in spearheading the growing
African opposition to this prospect and to the Union’s African policies more generally
during that period’. Consequently, the LLB remained the strongest force during the
colonial era in ensuring that the interests of the commoners were being taken into
consideration and as such allowing participation of many commoners.
Indeed, the LLB incited participation of many commoners during the colonial era.
Despite the fact that it was heavily attacked by the colonial government, its diversity
of membership and most of the activities it embarked on, show that it was the
organisation that led the majority of Basotho to take part in the national affairs of
Basutoland during the colonial era. This coincides with the remark made by Gill
(1993:172) that ‘although the league largely failed in its objectives, it nurtured a
tradition of resisting all compromises with the West which undermined local
institutions while at the same time affirming the excellence of Basotho cultural
institutions and philosophy to guide the nation forward by its own internal dynamic’.
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Therefore, it is concluded that the LLB served as a mechanism for ensuring wider
participation of commoners during the colonial era.
Due to the LLB, the colonial government weakened and rendered most of the
indigenous institutions of government in Lesotho futile. The traditional set up and
relationship established during the Moshoeshoe 1 era were drastically transformed
after the colonial government had taken power (Gill 1993:173). Not understanding
how Moshoeshoe 1 had structured his kingdom, the colonial government transformed
it by putting in place many reforms, two of the most prominent being the
establishment of the National Council and introduction of colonial laws.
To summarise, citizen participation did take place during the colonial era.
Participation was motivated by, on the one hand, the colonial government through the
National Council and on the other hand, the commoners association. The most
important participation was that which was instituted by the commoners because it
reflected that the Basotho were willing and able to influence and shape the decisions
of the colonial government. Therefore, based on the above, participation was arguably
voluntary and was driven by the desire to effect change in Basutoland.
After this look at the commoners’ organisations that emerged during the colonial era,
namely the Basutoland Progressive Association and the Lekhotla la Bafo, the research
focus on the developments that occurred in the later part of the colonial period and the
early period of independence (1950 - 1970).
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3.5 THE TRANSITION TO INDEPENDENCE: THE PRE AND POST-
INDEPENDENCE ERA 1950-1970
In the late 1940s, massive changes took place in Africa, especially in countries that
had been colonised. As Gill (1993:202) states ‘calls for self-determination and
equality were heard across Africa and in Lesotho as well’. This state of affairs
changed the political feelings and ambitions of commoners and chiefs. Likewise, the
colonial government was affected by the political environment of the time. According
to Gill (1993:203) ‘the spirit of change was in the air’. However, in this new context,
the colonial administration could no longer stand up well against the new expectations
of Basotho leaders, chiefs or commoners.
Massive changes occurred in the political landscape of Lesotho. Change was not
instituted by the commoners’ movements alone but with the support of many
institutions and stakeholders. As Gill (1993:186) states ‘during that time tremendous
change occurred. These changes were largely instituted through the efforts of the
National Council, the Resident Commissioner and the emerging nationalist
movements’. The influx of change was inclusive and addressed many aspects of life.
The nature of citizen participation also changed. At this time citizen participation was
instituted through formal structures different from the one discussed earlier. The
colonial government created district councils with the purpose of instituting citizen
participation.
3.5.1 The formation of the district council (DC)
As early as 1950, it was proposed and accepted that district councils be established
with the view to bring government closer to the people (Gill, 1993:187). However, the
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government was aware that these could not effectively be implemented without
proper legislation. In 1959 the Colonial Government (British) enacted the Local
Government Proclamation, 1959 No 52 as a legal base for the establishment of district
councils. According to Mapetla and Rembe (1989:22) district council were
established as statutory bodies to perform the following functions:
• To act as an avenue for popular participation
• To serve as an electoral college for representation in the National Council
• To act in an advisory capacity to the National Council in matters concerning
local affairs
• Finally, as local authorities, they were vested with extensive powers to make
by-laws, manage local finances and carry out various responsibilities related to
agriculture, livestock, and maintenance of bridle paths and selected roads,
fisheries, public order, health and trade (Wallies, 1984:66).
As the first function of the district council indicates, they were created to act as an
avenue for popular participation. As has been seen before, the colonial government
had deprived many Basotho commoners of the chance to participate as it had
weakened the renowned institutions that were acting as mechanism for participation.
The corollary effect was that formal participation by the majority of citizens was
discouraged. However, with the establishment of district council the commoners were
once again able to participate. The establishment of district councils took up the
earlier interest of the commoners’ league and the BPA who had demanded greater
participation and representation of commoners in the National Council. During the
early days of district council, Lesotho experienced improved participation by
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commoners in national affairs. Indeed, it can be argued that through the establishment
of district council, many Basotho were able to participate in government issues.
Therefore, district council became strong mechanisms through which citizen
participation was instituted during the time before independence.
The second and the third functions of district council were that they served as an
electoral college for representation to the National Council and acted in an advisory
capacity to the National Council in matters concerning local affairs. These two
functions relate to the issue of participation in that many Basotho were able to
participate in the National Council which was improved to include more commoners
and commoner professional groups (Gill, 1993:187). The National Council was
developed in such a way that every district would have a council whose members
would be represented in it. As Gill (1993:187) states ‘four members from each of the
nine district councils would be sent to the National Council’. As a result, the National
Council was improved and made fairly representative.
Professional organisations and groups of commoners were also represented on the
National Council. According to Gill (1993:188) ‘further representation would be
given to six recognised associations, one each for teachers, farmers, Basotho traders,
lepers, Basotho ex-servicemen, and the BPA. The commoners’ league was not granted
any representation’. In terms of these diverse groups being granted representation, it
can be argued that the National Council had been modified to involve and improve the
process of citizen participation.
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The district councils were the channels through which the majority of citizens at local
level participated, especially in matters of local planning and administration. District
councils had five years tenure. After the lapse of tenure, fresh elections for district
councils were supposed to have been held in 1965. However, instead of going for
local government elections in 1965, Lesotho held the first national election that led
the country to independence. Finally, Lesotho received independence on the 4th of
October 1966, under the rule of the Basotho National Party (BNP) (Pule, 2002:173).
Therefore, it can be concluded that the formation of district councils in Lesotho had a
positive effect in ensuring that the process of citizen participation took place.
Besides the informal participation of the commoners’ groups and associations the
colonial government viewed it imperative to establish other mechanism that would
allow more commoners the opportunity to participate in government. Perhaps the
colonial government acted in this way as a response to the mounting pressure from the
commoners’ groups and associations as citizen participation increased dramatically in
the period after the establishment of district councils (Mapetla & Rembe 1989:23).
The commoners associations and groups had been transformed largely into political
parties as the prospect of independence became imminent.
It is worth pointing out that when the country held its independence elections in 1965,
many Basotho participated through political parties that had emerged in 1952. As
Nyeko (2002:152) comments, ‘the independence movement in Lesotho manifested
itself through the various political parties that emerged during the period. These
included the Basutoland African Congress (BAC), which was later renamed the
Basutoland Congress Party (BCP), the Basotho National Party (BNP), the
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Marematlou Freedom Party (MFP)’. Many Basotho participated in the political
process by voting for the government they wanted. Therefore, beside the district
councils, political parties were then the mechanisms through which participation had
been instituted.
3.5.2 The abolishment of district councils
Major changes occurred swiftly after independence which greatly changed the
colonial setup. One of the first things the government did was to suspend local
government structures that were known as district councils and were finally abolished
in 1968 (Pule, 2002:174). District councils were dismantled by Government Notice 8
of 1966 and the Local Government Repeal Act of 1968 respectively (Kapa 2010:10).
The literature consulted points to the fact that they were dismantled due to
administrative as well as political considerations as they were alleged to be
complicating the lines of communication between the central government and the
districts (Mapetla & Rembe, 1989: 23).
Moreover, another aspect relating to the abolition of district councils was the issue of
maintaining them. As Kapa (2010:10) indicates ‘the arrangement was too costly for
the BNP government especially with regard to payment of staff salaries and wages’.
The central government was not prepared to deal with the payments of staff that
already existed. Since the BNP had only come into power, the abolition of district
council seemed to be the best option for political motives. According to Mapetla and
Rembe (1989:23) ‘these councils were largely dominated by the opposition party, the
Basutoland Congress Party, and as such, they were seen as an alternative source of
political loyalty and therefore a threat to the government of the Basotho National
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Party’. The BNP government felt threatened by that state of affairs as it could not
control district council as these had been largely dominated by the Basutoland
Congress Party. As Kapa (2010:10) indicates ‘the DCs were dominated by the
opposition BCP which had won the 1960 male-only elections, winning 32 of the 40
contested DC seats, while the BNP and the Marema-Tlou Party shared the remaining
eight seats’.
District councils had been the avenue for participation at local level and as they were
dismantled, participation was severely curtailed. According to Mapetla and Rembe
(1989:23) ‘the abolition of district councils saw an end of participatory institutions at
local level, resulting in an increasing centralized administrative and planning
machinery’. However, the BNP government still viewed the decentralised structure as
important since they were aware that it was an important structure through which
people could participate. Kapa (2010:10) states that ‘even as the BNP regime
abolished the DCs, it did not doubt the value of local government; it merely found the
system too costly at the time. It was clear that Lesotho would, at later stage, need a
decentralized system’. This also resulted in the creation of alternative systems and
structures as mechanisms for sustaining citizen participation. Linking to this, the next
section will focus on 1970-1986, paying attention to the nature and mechanisms for
citizen participation in Lesotho during this time.
3.6 THE ERA OF REPRESIVE AND UNDEMOCRATIC RULE 1970-1986
In 1970, another change in Lesotho took place which greatly influenced and shaped
public participation. On the 4th of January 1970 the second general elections was held
(Pule, 2002:174). The outcome of this election was different from the elections of
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1965 since Basotho people, voted for the opposition party in large numbers.
According to Gill (1997:220) ‘the large swing vote of pragmatic voters went over to
the BCP, ensuring them a resounding victory. The BCP won 36 seats, the BNP won
23 and the MFP just 1 seat’. These results surprised many people especially the
members of the ruling party because they had expected to win.
Notably, the Prime Minister and his Cabinet were surprised by the results. The Prime
Minister resorted to embarking on something that exposed Basotho people to a new
system. Gill (1993:221) writes that ‘although the Prime Minister was shaken by this
election defeat, he took the initial step to hand over power. After receiving some
strong words from his Minister, ’Maseribana Peete, however, he suspended the
Constitution and declared a state of emergency on 30th of January 1970’. Following
this, the political system in Lesotho changed dramatically. According to Kabemba
(2003:5) this marked the beginning of a one-party government which was
characterised by repressive and undemocratic rule, whereby the BNP government
maintained control of the state from 1970 to 1986. However, for the benefit of this
research, there are only two aspects that are looked at. These are the suspension of the
Constitution and the declaration of a state of emergency.
Due to these occurrences, many aspects of citizens’ lives changed, including their
ability to participate in government. Citizen participation was undermined to the
extent that some citizens, especially of the opposition parties, were imprisoned when
they attempted to exercise their freedom of expression. According to Gill (1993:221)
‘hundreds of BCP supporters were arrested, and in the months which followed the
Police Mobile Unit (PMU) and BNP party fanatics made life extremely painful for
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anyone who protested’. The result of this was that people were not able to participate
in government freely or protest against the government.
The constitution of any country is an embodiment of the rights and responsibilities of
its citizens. Since the Constitution of Lesotho had been suspended, it meant that
people were no longer at liberty to exercise any of the rights entrenched in it,
including citizen participation. According to Pule (2002:180) the Constitution was
suspended because, according to the Prime Minister, it was ill-suited to Basotho
culture and customs. The Prime Minister announced that there was a need to draw up
a new constitution that would be suitable and in line with Basotho customs and
culture. As a result, in 1973 an Interim National Assembly was created with the
purpose of writing a new Constitution for Lesotho.
Subsequently, participation in national affairs was formally discouraged by the BNP
government. Gill (1993:221) states that ‘Leabua Jonathan declared a five year
moratorium on politics, stating that the Westminster system was not in line with
Lesotho’s tradition and would need, therefore, to be adapted and modified to meet
Lesotho’s special requirements’. Lesotho was ruled by an authoritarian regime that
lasted until 1985. During this time, political activities were totally banned and as such
participation was minimal. Despite this, several futile attempts to overthrow the
government were made. The Prime Minister became the only point of reference for all
decisions the government took. Policy issues and planning were solely the
responsibility of the Prime Minister. Gill (1993:222) points out that ‘during this whole
period, an increasing amount of power was concentrated in the hands of the Prime
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Minister. The party appointees and chiefs became more and more dependent upon
him’.
3.6.1The establishment of development committees for participation
Although Lesotho was ruled by an authoritarian regime from 1970, the government
still made attempts to instigate participation in communities. As a result, local
structures that encouraged and demanded citizen participation were created. Pursuant
to this, in 1970 the government created the first village development committees and
the district development committees (Lesotho Year Book, 2005:56). They were
created in terms of the Local Government Repeal Act of 1968. These structures were
very important in stimulating local planning and citizen participation in rural areas
even though they were not predicated on any legal framework. Mapetla and Rembe
(1989:31) state that ‘the most important rural structures have been the District
Development Committees (DDCs), the Village Development Committees (VDCs)
and Chieftainship’. According to Mapetla and Rembe, (1989:31) the district
development committees and village development committees were envisaged as
structures intended to perform the following functions:
• To serve as forums for popular participation
• To execute bottom-up planning
• To coordinate development activities in local areas
It is important to examine these structures separately so as to determine their
effectiveness and the degree of citizen participation that they encouraged. However,
the general picture was that they never really became effective as structures and
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institutions for local planning. As Mapetla and Rembe (1989:31) state ‘the general
finding is that these bodies were incapable of being effective local planning
institutions. Despite this, it is still important to give an overview of each institution.
3.6.1.1The district development committees (DDCs)
According to Mapetla and Rembe (1989:32) the district development committees
(DDCs) were supposed to play a very important role in national development. They
were regarded as the principal mechanisms for the expression of a district’s needs and
aspirations. In practice, they were supposed to be the instruments enabling citizens to
participate in planning processes in their district. This view is clearly pointed out by
Mapetla and Rembe (1989:32) when they argue that, ‘theoretically, they were
responsible for the overall district planning, implementation, coordination, monitoring
and evaluation of all district development projects, including self-help activities’.
However, the district development councils never delivered and worked according to
plan. A number of factors impeded the smooth functioning of these councils. Mapetla
and Rembe (1989:32) give the following reasons as to why they did not function
properly:
• They lacked expertise and funds to plan, thus in practice, their role was that of
making suggestions to central government on the needs of the district
• They lacked the technical and managerial capability necessary for effective
coordination and the government did little to strengthen their status
• They depended on central government for operations and other logistics
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• They were largely dominated by public officials, whose views overshadowed
those of the local people
• There was an absence of official guidelines by way of set rules and regulations
governing the composition, mode of elections and functions of these
institutions
Therefore, it can be deduced that in most cases, the District Development Committees
were never active and did not work properly. As Mapetla and Rembe (1989:32) state,
there was no actual district planning undertaken by the district development
committees. In practice, they were supposed to derive a mandate, proposals and issues
of concern from the village development committees but the findings were that these
bodies never interacted. For example, it was found that in 1984 84% of the VDC
members knew nothing about the existence of the district development committees
(Thoahlane 1984:2). Therefore, it can be concluded that in terms of citizen
participation, the DDCs never really became instrumental. After looking at the
functioning of the DDCs, the next committee that will be examined is the village
development committees.
3.6.1.2 The village development committees (VDCs)
According to Mapetla and Rembe (1989:33) the village development committees
(VDCs) were supposed to be grassroots representative institutions for expression of
popular demands as well as channels for mobilisation. The VDCs were made to
ensure that citizens residing in a particular village participated in the planning process
within their area of jurisdiction. As a matter of procedure, the VDCs were supposed to
suggest possible projects for consideration by the DDC at district level as well as to
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provide information on the country’s resource allocation base (Mapetla & Rembe
1989; 33). However, the VDCs also struggled to fulfil their functions. Mapetla and
Rembe (1989:33-34) state the following as some of the reasons contributing to their
failure:
• Firstly, it was found that in reality, these bodies were non-existent in some
cases or varied in their areas of activity. Where they were established, they
were largely playing an advisory role to DDCs.
• Secondly, the VDCs largely served as institutions for mobilising political
support since they tended to be dominated by members of the ruling party.
This discouraged the members of opposition party from participating in such
committees. This rendered the VDCs weak and sometimes unrepresented,
particularly in those villages where there was a concentration of opposition
members who boycotted their activities.
• Thirdly, in some villages, the VDCs were found to consist largely of women
as a result of the migrant labour system and the fact that men remaining in the
villages were often too sick or too old to be interested in such organisations.
It can be deduced that although village development committees had the potential to
effectively foster the process of citizen participation, these factors impeded and
discouraged participation of the larger population. In theory, the VDCs had great
potential for serving as the mechanism for citizen participation because participation
is easier in a small village than in a district.
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The BNP government made a commendable effort in creating the DDCs and the
VDCs. In terms of their functions, they were largely mechanisms for fostering citizen
participation. However, as has been shown, they never became the strong and
effective instruments for instituting citizen participation because they became the
mere appendages to the ruling party (Mapetla & Rembe, 1989:34-35).
Chieftainship is another institution that should be looked at with regard to citizen
participation.
3.6.2 Chieftainship
Chieftainship is an institution of governance which has survived since the pre-colonial
era. It is a system of rule that depends on continuous consensus, consultation and
accommodation for its survival (Lesotho Year Book, 2005:52). It is an institution that
has historically been known to ensure greater participation of citizens in national
affairs. Chieftainship is established in terms of the Chieftainship Act of 1968.
According to Setsabi (2010:45) ‘one of the primary objectives of the Chieftainship
Act 1968 was to subordinate the chiefs to central government through entrusting their
discipline to the Minister of the Interior who not only had the powers to discipline the
chiefs but also to dismiss them’. This is one of the primary areas that caused the
institution to gradually lose power and responsibility. According to Mapetla and
Rembe (1989:34) ‘traditionally, this institution played a vital role in policy and
decision making. At this level, it enabled participation through Pitsos (public
meetings)’.
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The duties and functions of chieftainship (chiefs) are clearly stipulated in section 6
and 7 of the Chieftainship Act 1968. The list of functions for chieftainship is endless,
but those that are relevant to this research include:
• To serve the people in the area of his (the chief) authority
• To promote the welfare and lawful interest of people within his jurisdiction
• To perform all lawful duties of his office impartially, efficiently and quickly
according to the law.
• To maintain public safety and order.
• To calling of public gatherings (lipitso) for the dispersal of public information
Since the colonial era, as in the BNP regime, this institution had been under incessant
attacks. As a result, it was no longer as effective as it was during the time of
Moshoeshoe 1. It remained, however, one of the mechanisms through which citizen
participation was instituted, especially at public meetings and at khotla. During the
BNP government this institution was rendered ineffective for the following reasons as
stated by Mapetla and Rembe (1989:34-35):
• Firstly, the chiefs had been continuously losing their leadership powers to
modern local institutions, although support for the chieftainship as an
institution was still evident in some areas.
• Secondly, this situation led to conflict between these committees and the
chiefs. Party politics played a central role in the affairs of local administration.
This was particularly true in those villages where the chief and the VDCs
belonged to opposing political parties.
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• Thirdly, chiefs were not accorded the necessary training on development
administration
• Fourthly, their relationship with other structures remained problematic
• Finally, Chiefs were denied first-hand information on development matters
which left them ignorant and often accused of non-involvement or even
sabotage of the development efforts.
Although the institution of chieftainship continued to weaken as it was undermined by
the development committees, it remained largely acknowledged and important to
most Basotho people (Mapetla & Rembe, 1989:35). Nevertheless, the political
development and dispensation in Lesotho in late 1985 remained intolerable,
repressive and violent. Consequent to this, a lot of pressure was mounted on the BNP
government from both locally, abroad and especially South Africa. As Pule
(2002:188) states, ‘on 1 January 1986 South Africa put in place a massive border
blockade which allowed little traffic to move between it and Lesotho’. This state of
affairs was followed by the rising of political unrest, tensions and violence coupled
with harsh conditions for the Basotho people. Finally, on 20 January 1986 Radio
Lesotho announced that there had been a military takeover (Pule 2002:189). The
military takeover that followed will be looked at next.
3.7 THE ERA OF MILITARY RULE 1986- 1993
During the military regime, two important developments regarding the creation of
enabling structures for participation were instituted. According to Kapa (2010:10) the
Maseru City Council (MCC) was established under the Urban Government Act of
1983 and development committees under the Development Committees Order No. 9 of
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1986. This part of the research will concentrate on the Development Committees
Order No. 9 of 1986, specifically the latter part of the order, which deals with local
institutions and chiefs as they bear implications for citizen participation. The most
important components of this Order in terms of this research were the bodies that it
established. These are the village development committees, the ward committees and
the district development committees. These committees are briefly explained next.
3.7.1 The village development committees (VDC)
Article 2(1) of the Order No. 9 of 1986 provides for the establishment of village
development committees in each village that falls under every chief gazetted before
the 1st of January1986. The membership and composition of these bodies are
provided in Article 3(2) of the order. This article provides that the committees should
be composed of seven members and should be elected by the inhabitants of an area at
a pitso (public gathering). Moreover, in terms of this article, the chief remained an ex-
officio member and the chairman of the VDCs.
Section 4 of this order provides for the functions and duties of the VDC. In terms of
this section, each VDC shall:
• be responsible, in consultation with the government, for the planning,
implementation and maintenance of development activities and social services
in the area of its jurisdiction
• represent and lead the local community in its efforts to identify village
development needs
• raise funds for its local development purposes
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• stimulate local participation in development activities
• make government aware of local development priorities through the DDC
The ward development committees and their roles and functions follow next.
3.7.2 The ward development committees (WDCs)
This committee was established by article 8 of the Order No. 9 of 1986. The
composition of this committee is provided for in terms of article 9(1) which provides
that the committee should consist of twelve members in each area that falls under a
principal or ward chief. Unlike the VDC the members of the WDC are elected from
the VDC (article 9(3)). In the same manner, the committee is chaired by the principal
or ward chief who is also an ex-officio member of the committee (Article 10(9)).
The WDC had two duties and functions established by the order. The first duty in
terms of article 10(9) was that of collating the duties of VDC for scrutiny and
implementation. The second duty in terms of article 10(b) was that WDC were also
tasked with the responsibility of monitoring the implementation of development
projects at village level. The ward committees were tasked with ensuring that citizens
within the ward participated in development projects. According to Setsabi (2010:46)
the ward committees were able to carry out their functions properly thereby allowing
citizens to participate, but the functioning of these committees soon waned due to
several factors. One such factor was the protracted conflict between the chiefs and the
committee members (Setsabi 2010:46).
Having looked at the WDC, the DDC and their duties follow.
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3.7.3 The district development committees (DDCs)
These committees were established in terms of Article 12 of Order No. 9 of 1986.
They were to consist of 15 members elected at a meeting of the various WDC. In this
committee the principal or ward chief in that district acted as an ex-officio member as
well as chairman. The article further stipulated that in a case where there were more
than one principal chief, the chairmanship of the DDC should circulate among them
(Article 13(3) of the Order No. 9 of 1986). According to Article 14 of the Order, the
duties of DDC were:
• to promote socio-economic development at local level
• to formulate and implement development projects in the district
• to ensure that the projects in the district are in line with the national plan
• to monitor the implementation of national projects
• to raise funds for implementation of national projects
• to consult through its secretary with the Central Planning and Development
office and the appropriate ministry on matters relating to development
planning
• to utilise all district resources economically for the betterment of the lives of
the people in the district.
In terms of Article 18 of the Order No. 9 of 1986, the principal chief had special
duties to perform as he acted as an official representative of the district.
Generally, the military government made commendable strides with these structures
or committees as they became the better mechanisms for allowing citizen
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participation. As Kapa (2009:9) commends, ‘because every village in Lesotho had its
own VDC, hence offering scope for the people to have a better and direct input in
issues affecting their lives. The Lesotho local government structure under the military
regime was a better popular participation maximization…’. The VDCs were the
grassroots mechanisms that could enable the participation of ordinary citizens in
development activities and notably in planning processes. The VDC had the potential
to stimulate and allow for broader mass participation as every adult inhabitant could
attend. According to Kapa (2009:8) the attendance was open to all adults in the
village.
Therefore, the military structure was simple and probably feasible as it ensured that
citizens took part from the level of the village where the chief would chair the
meeting. This system resembled the traditional form of authority that Basotho people
has known and respected from pre-colonial times because the institution of
chieftainship is historically regarded as a symbol of unity (Mothibe. 2002:28). As
such the military junta saw it fit to reinforce it since the modern governance
institution had failed to sustain government and develop the country.
Another important impetus with the military government local structural pattern was
that they were predicated on a legal framework. In this respect, citizen participation
was not an issue of discretion but was mandatory as the village development
committee had the legal mandate to stimulate local participation. During the BNP
regime, participation was a matter of discretion because such structures did not have a
precise legal base and this resulted in constant conflicts and tension (Kabemba,
2003:24).
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The role of the chiefs also needs special emphasis. As Setsabi (2010:45) comments,
the VDC, WDC and the DDC were organised around the chieftainship as a system of
local administration. Therefore, chieftainship became the central institution in
ensuring that the development efforts in the villages, wards and districts were
implemented. Indeed, the role of the chief was not only clarified but was defined the
role of chiefs in terms of their levels of responsibility. This is an important element
because as seen, during the colonial era, chiefs were often at loggerheads.
In conclusion, the military government made a commendable effort to introduce local
government structures which enabled broader citizen participation. Unlike the
colonial government and the BNP government, the military government established
structures that amalgamated the traditional institutions of governance (chieftainship)
and modern institutions (committees). This is the situation the Basotho people had
been accustomed to since the start of the colonial period. In this regard, the Lesotho
African Peer Review Mechanism Report (2010:44) states that, ‘the Basotho have a
long–standing traditional system of governance that is based on their historical values
and customs. The customary system of governance has deep roots and is highly
respected everywhere in the country. The Basotho recognize and accept that their
traditional form of governance must coexist with the colonially-bequeathed system of
governance’.
The military government tasked the chiefs with leading the development process in
Lesotho while also recognising the urgent need for citizens to participate in the
planning process. Public gatherings (pitso) were the inherent institutions for
participation during the Moshoeshoe 1 era. Pitsos gained prominence and remained
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the central institution and mechanism allowing wider participation. One important
facet of the military government is that it provided a legal framework for local
government structures thereby limiting the chances of conflict. Finally, these
structures can be regarded as the best mechanism for instituting the process of citizen
participation.
As time passed, many developments ensued that later transformed the smooth
operation of the development committees. Although the Development Committees
Order had clearly stipulated the duties and functions of chiefs and councillors, conflict
erupted between the two bodies. The corollary effect of this was that the committees
were subsequently made redundant. The military government passed Order No. 15 in
1991, which replaced the committees with councils. Despite this change in name, they
remained the same in terms of structure, composition and functions.
3.8 CONCLUSION
This chapter set out to trace the historical background in relation to citizen
participation in Lesotho since 1820 when the present Basotho nation was formed.
This exposition of the historical overview shows that the Basotho are a people with a
long history of participating in government. As has been shown, there has been some
form of participation between all the governments and citizens that have been in
existence in Lesotho since the era of Moshoeshoe 1 up until the military regime. This
research also shows that various structures, namely khotla, pitsos, committees and
later councils had been established since the era of Moshoeshoe 1 to the military
regime which also promoted citizen participation, although some councils or
structures were more successful in this regard than others. At times, citizen
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participation was severely compromised; however, it was reinforced during the
military government.
The next chapter looks at citizen participation in the context of the planning and
policy process during the inception of local government in 2005. The prerequisites for
enabling citizen participation in Lesotho in terms of the Constitution and legal
frameworks are discussed to gain an understanding of the current or expected nature
of citizen participation in Lesotho.
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CHAPTER FOUR
CITIZEN PARTICIPATION IN THE PLANNING AND
POLICY PROCESS DURING THE INCEPTION OF
LOCAL GOVERNMENT IN 2005
4.1 INTRODUCTION
Chapter three looked at the historical background of Lesotho. It provides a
comprehensive overview of the historical background of citizen participation in
Lesotho since the era of the King Moshoeshoe 1 to the era of military regime which
ended in the 1990s. It is during the beginning of the 1990s that many developments
and changes occurred. These shaped and heralded many changes in the way
government was run. One such development was the enactment of the new
Constitution for Lesotho commonly known as the 1993 Constitution.
Pursuant to this Constitution, many developments in Lesotho took place. The most
relevant one in term of this study is the enactment of the Local Government Act of
1997. This Act paved the way for the establishment of a system of local government.
Arrangements and preparations for local government took place gradually until 2005
when the first democratic local government elections were held. Finally, Lesotho
established a system of local government in April 2005.
This chapter traces the evolution, rationale and legal as well as policy frameworks for
local government as established in Lesotho in 2005. As discussed in the previous
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chapters, there is a relationship between local government and citizen participation.
Therefore, in this chapter citizen participation is analysed in the context of the local
government as established in 2005.
The chapter is structured in terms of sequential sections. The first section provides a
general overview of the Lesotho governance structure in terms of the new
constitution. The second section looks at the evolution of local government, the third
expounds on the rationale of local government, the fourth provides an exposition of
the legal, institutional and the policy frameworks guiding local government in
Lesotho and the fifth provides an exposition of local government and citizen
participation as well as the challenges and critics related thereto. The last section
concludes the chapter.
Since this chapter traces citizen participation in the planning and policy process
during the inception of local government in 2005, a comprehensive review of the
literature and government or official reports on local government and citizen
participation in local government in Lesotho will be considered. Having provided this
introduction, the next section provides a general overview of the structure of
governance in Lesotho.
4.2 OVERVIEW OF THE STRUCTURE OF GOVERNANCE
The present structure of governance is founded on the 1993 Constitution. In order to
understand contemporary citizen participation, it is necessary to examine the modern
governance structure. As has been seen in previous chapters, citizen participation
processes were largely influenced by the institutions of which the governance
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structure consisted. For example, during the Moshoeshoe 1 era, governance was
solely built on the institution of chieftainship and there were certain characteristics
that could be used to gauge citizen participation. Similarly, it was noticed in Chapter
one that citizen participation is one of the components of democracy and hence it can
easily flourish in a democratic regime.
The governance structure in Lesotho is built on a dual system consisting of monarchy
or chieftainship and democratically elected representatives. In this dualism, the king is
the head of state while the prime minister is the head of the government (APRM
Report, 2010:40). The position of the king is hereditary and accession to the throne is
governed by the Office of the King Order No. 14 of 1990. The prime minister as the
head of government is appointed by the king in terms of section 87, subsection 2, of
the constitution. For analysis purposes, a brief explanation of this dual system
follows.
The first tier of this dualism is the institution of chieftainship. According to the
Lesotho Year Book (2008:66) Lesotho is a constitutional monarchy. The monarch is a
king who is a descendent of Moshoeshoe I and represents the institution of
chieftainship. This institution is regulated by the Chieftainship Act of 1986.
Traditionally, chieftainship was regarded as the institution that unites the Basotho
people. This feeling seems to have continued even in contemporary times. The finding
of the APRM Report (2010:44) reveals that ‘the king is central to the governance of
the nation state, and he is also the unifier of the Basotho nation. The king serves as the
point of interface and unification of the functions of the executive, legislature and
judiciary’. The chieftainship is hierarchically structured with at the top the king
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followed by the principal chiefs, area chiefs and finally headmen. Currently there are
22 principal chiefs as gazetted (Lesotho Year Book, 2008:66). This implies that every
village or area has a chief to whom the citizens owe allegiance. Historically, citizen
participation took place when the chief called the citizens to take part in deliberations
about developmental issues of their communities.
The other tier of the dual system is the modern structure. This is the system that was
introduced by the colonial administration (Lesotho Year Book, 2008:66). This tier is
headed by the prime minister as the head of government. It is made up of the three
branches of government namely; the legislature, the executive and the judiciary. As
has been stated in the Lesotho Year Book (2008:66), this tier is regarded as universal.
The legislature consists of two houses. The first is the National Assembly, which has
80 elected members and 40 proportional representatives. The second is the Senate
which is composed of 33 members, 22 of whom are hereditary principal chiefs, with
eleven ordinary citizens appointed by the king on the advice of the council of state
(APRM Report, 2010:40).
Under this tier, there were also local government structures, established in 2005 in
terms of section 106(1) of the Constitution. This section stipulates that ‘Parliament
shall establish such local authorities as it deems necessary to enable urban and rural
communities to determine their affairs and to develop themselves. Such authorities
shall perform such functions as may be conferred by an Act of Parliament’. Moreover,
local government is governed by two pieces of legislation, namely the Local
Government Act No. 6 of 1997 and the Local Government Elections Act of 1998. Both
these acts of Parliament were amended in 2004 by the Local Government Amendment
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Act of 2004. The act established the three-tiered local government structure. These are
community councils, district councils and the municipal councils. Since 2005 there
have been 128 community councils, 10 district councils and 1 municipal council in
Maseru. Both local government and the chieftainship are stewardships of the Ministry
of Local Government and Chieftainship.
The two predominant institutions are well entrenched in Lesotho and having long
existed, are no longer foreign to most Basotho. As discussed in previous chapters on
the one hand, chieftainship is the traditional institution that can be traced from when
the Basotho nation was founded by King Moshoeshoe 1. On the other hand, the
modern democratic system or institution was introduced by the colonial
administration, although it has been modified and improved since. As such, these two
institutions coexist. The relationship of these institutions is widely captured in the
report by the African Peer Review Mechanism (2010:44) that reads:
‘The Basotho recognize and accept that their traditional form of governance must coexist with
the colonially bequeathed system of governance. This is the basis for the adoption of the
constitutional monarchy that complements, rather than competes with, the modern state. They
cite the coexistence of a traditional monarchical system of governance with the elected
government as an example of how their culture and traditions are complementary to an
imported form of democracy. The respect of the traditional authority and the overwhelming
desire for its perpetuation are at the root of the establishment of the constitutional monarchy.
The Basotho generally perceive that there is a general rule in as far as their institutional
arrangements and practices are guided by the 1993 constitution’ (African Peer Review
Mechanism 2010:44).
The next section looks at evolution of the local government in Lesotho as established
in 2005.
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4.3 THE ESTABLISHEMENT OF LOCAL GOVERNMENT IN 2005
A modern local government system is not a new phenomenon in the historical
development of Lesotho. It is the culmination of efforts by the previous governments.
In Chapter three, it was seen that local structures that could be equated to local
government were created in 1960, when the first district councils were created until
1986 when the development councils were established. The modern local government
structures borrowed much from past structures. This part of the chapter examines
evolution of the modern local government in Lesotho.
Shortly after the introduction of multiparty politics in 1993, the BCP government
introduced several reforms. One was the abolition of development councils which had
been created by the military junta. Despite this move, the BCP government had earlier
in its political manifesto indicated its intention to introduce local government. This
point is illustrated by the following excerpt from the manifesto which states that ‘the
BCP is convinced that true development and good governance require grassroots
involvement in both planning and decision-making. To that extent the BCP
government shall a) ensure the establishment of councils at districts, constituency and
village levels and (b) facilitate a democratic relationship between the central and local
governments (The Basotho Congress Party, 1993:7).
The BCP government was faced with a myriad of political conflicts after it took over
the government. This led to some delays in the full implementation and permanent
local government. However, the BCP remained adamant in establishing the local
government structure. In 1997 preparatory developments for local government were
made. Subsequently, parliament enacted the Local Government Act No. 6 of 1997.
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According to the Lesotho Year Book (2005:58), this law served to provide for proper
local government.
In 1998, another change in government occurred. The government was run by the
Lesotho Congress for Democracy (LCD) after it had won the elections. The LCD was
a break-away party from the BCP and as a result, it continued with the original plan of
putting local government in place. After the LCD came into power, the country faced
political instability and violence that were linked to the election. As Sekatle (1999:31)
states ‘the elections were declared free and fair. However, some of the political parties
opposed the elections outcome and resorted to violent measures thus rendering the
country ungovernable gravitating obviously to the brink of a civil war’.
Despite this political crisis the LCD government continued to pursue the introduction
of democratic local government. As Kapa (2010:11) points ‘the LCD government has
made repeated promises to implement the Local Government Act even though it has
displayed less enthusiasm and optimism regarding the issue than its predecessor’. As
a result of this, it instituted certain developments which directly affected the local
government. Finally, two important developments took place. The first one was that
the LCD government enacted Local Government Elections Act of 1998. This act
provided for the manner in which local government elections would be held in terms
of the electoral model as well as other issues related to local government elections.
The second development according to Kapa (2010:11) was that the ‘LCD government
abolished the development committees that were established by military regime and
replaced them with its own appointed interim councils in 2001’. These were supposed
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to be an interim arrangement while the government would be preparing for a well-
established local government.
Coupled with these developments, two important institutions were responsible for
ensuring that local government became a reality were established. These are the
Ministry of Local Government and Chieftainship and the Independent Electoral
Commission. These two institutions were given the task of implementing the two
pieces of legislation meant for local government. According to the Lesotho Year
Book (2008:76) the Ministry of Local Government was responsible for the
administration of the Local Government Act 1997 while the Independent Electoral
Commission (IEC) was largely responsible for the administration of the Local
Government Elections Act 1998. One notable point is that unlike in the past local
government, the 2005 local government was implemented through formal election
processes under the leadership of the Independent Electoral Commission.
As time passed, prospects for holding local government elections were imminent.
Meanwhile, another development specifically with regard to elections took place. The
Local Government Elections Act was amended through the Local Government
(Amendment) Act of 2004. This act was amended to cater for the reservation of one
third of all council seats for women. Later, in April 2005, local government elections
were held and a new democratic local government was established formally in April
2005. Therefore, the new local government (2005) replaced the Interim Development
Council. Unlike the previous local government, the current local government was
arguably well established in a democratic sense because it had a legal basis and was
conducted freely and fairly.
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After the 2005 local government elections, the structure of the local government
consisted of 128 community councils, one municipal council, the Maseru City council
l, as well as 10 district councils (Lesotho Year Book, 2008:76). In terms of the Local
Government Act, community councils membership is composed of not less than 9
elected members but not exceeding 15 members and not exceeding 2 gazetted chiefs
(other than principal chiefs) who shall be elected (Section 4(a)). The membership of
the municipal council is composed of not less than 8 elected members but not
exceeding 15 including not more than 2 gazetted chiefs who shall also be elected.
Lastly, the district council consists of members representing community councils and
includes at least 2 members from each community council nominated by other
councillors and 2 gazetted chiefs nominated from among the chiefs who are members
of the community council (Government of Lesotho, 2003:12).
Therefore, it is concluded that the present local government evolved from the efforts
of previous governments to put in place local or grassroots structures. Although the
local government process has been implemented differently by governments since
1960 to the present, the starting point has always been that, in order for development
to take place public participation was needed (Mapetla & Rembe, 1989). Again, even
though local government evolved from political tension and instability, its
organisation and implementation differed greatly in terms of structure, mode of
elections and government preparedness. After exploring the evolution of local
government in Lesotho, the section below examines the rationale behind local
government.
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4.4 THE RATIONALE FOR LOCAL GOVERNMENT IN LESOTHO
This section of the chapter pays specific attention to the rationale for introducing local
government in Lesotho. It attempts to answer the question of why local government
was established. What are the specific functions it has to perform? In order to deal
with this section correctly, it is important to consider why, in the past, local
authorities such as district councils in 1960, village and district committees in 1970,
the village, ward and district councils during the military era as well as the present
new local government were established. A brief overview of why local government
was established follows which traces local government from 1960 to 1986 when the
military government took power. The essence of this is to show the drive for the
establishment of local government by different governments.
In 1960, the colonial government introduced local government structures named
district councils. As Mapetla and Rembe (1989:22) states, district council were
established as statutory bodies for the following reasons: firstly, to act as avenue for
popular participation; secondly, to serve as electoral college for representation to the
National Council; thirdly, to act in an advisory capacity to the National Council in
matters concerning local affairs and finally, as local authorities, they were vested with
extensive powers to make by-laws, manage local finances and carry out various
responsibilities related to agriculture, livestock, maintenance of bridle paths and
selected roads, fisheries, public order, health and regulation of trade (Wallies,
1984:66).
After 1970, the BNP government established the two-tier local structures that were
known as district development committees and the village development committees.
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According to Mapetla and Rembe (1989:31) these committees were envisaged as
local government structures intended to serve as forums for popular participation, to
execute bottom-up planning and to coordinate development activities in local areas.
Then during the military regime, in terms of the Order No. 9 local government
structures known as village development councils were established. They were
responsible, in consultation with the government, firstly, for the planning,
implementation and maintenance of development activities and social services in their
area of jurisdiction; secondly, to represent and lead the local community in its efforts
to identify village development needs; thirdly, to raise funds for its local development
purposes; fourthly, to stimulate local participation in development activities; and
finally to make government aware of local development priorities through the district
development committee.
This section looked at the rationale for local government during previous times; the
next section looks at the objectives of local government as established in 2005. These
objectives provide the reason why the present local government was established.
4.5 THE OBJECTIVES OF NEWLY ESTABLISHED LOCAL
GOVERNMENT (2005)
As has been seen, since 1960, local government had been established for many
different reasons. In like manner, local government established in the democratic
regime was created to achieve certain objectives and purposes. According to the
Government of Lesotho (2003:2) these include the following purposes:
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• to deepen and widen public access to the structures of government
• to bring services to the people thereby improving service delivery
• to promote people’s participation in decision-making, planning and
implementation of development programmes. This gives the electorate greater
control over development process
• to promote equitable development in all parts of the country through the
distribution of human, institutional and infrastructural resources
In terms of these objectives, local government is meant to bring government closer to
the people, thereby allowing them to develop their communities themselves. In this
process the people are expected to participate in decisions concerning plans and to
take part in the implementation of development projects and programmes. This should
ensure equitable development across the country. These objectives briefly inform the
rationale for introducing local government in Lesotho.
As a conclusion, this section of the chapter has provided the rationale for local
government which has been explained in terms of the objectives and the key functions
the 2005 local government is expected to perform. The main purpose of local
government is to bring government closer to the people so that people can develop
their communities through participating in the processes of planning and
implementation of plans and development projects. The next section looks at the
structures of local government in Lesotho.
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4.6 STRUCTURE OF LOCAL GOVERNMNENT IN LESOTHO WITH
REFERENCE TO QACHA’S NEK
In order for local governments to achieve these broad-based objectives, they have to
perform certain functions. These functions are supposed to be performed by the
different structures of local government namely councils established in terms of the
Local Government Act No. 6 of 1997. These are the community councils, the district
councils, the urban councils and the municipal council. The municipal council is not
going to be dealt with in this research because it has not yet been established in
Qacha’s Nek. These functions are outlined in the Local Government Act No. 6 of 1997
and in an official document named ‘Programme for implementation of local
government in Lesotho (2003:12-13).
4.6.1 The community council
In terms of the Local Government Act of 1997, community councils represent the
lowest tier of the structure of local government. It is the structure that is closest to
people in the community. In terms of the Local Government Act 1997, the community
Council is composed of not less than 9 elected members but not exceeding 15 elected
members and not exceeding 2 gazetted chiefs (other than principal chiefs ) who shall
also be elected. The functions of the community councils are provided for in terms of
section 5(2) of the Local Government Act 1997 and are stated in the second schedule
of the act follows:
• Control of natural resources (e.g. sand, stones) and environmental protection
(e.g. dongas, pollution)
• Land/ site allocation
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• Minor roads (also bridle-paths)
• Grazing control
• Water supply in villages (maintenance)
• Markets (provision and regulation)
• Burial grounds
The other functions of community councils are stipulated in the official document the
‘Programme for implementation of local government in Lesotho: Concepts, structures
and role’ (2003:12-13). They are to:
• identify and discuss local opportunities and needs
• formulate, implement, monitor and evaluate community-based plans; and
through the technical assistance of the district council, solicit the assistance of
donor and other development agencies to implement self-help initiatives or
community-based plans
• provide a forum of contact between and among community representatives,
local leaders, and politicians to enhance the flow of development information
• represent the community in development matters and acts as reference point in
matters pertaining to community development
• coordinate development activities of participating voluntary organisations and
local agencies to enhance smooth planning and implementation
• coordinate national activities in their respective areas
• any other function delegated by the district council outlined in schedule 2 of
the Local Government Act 1997
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The roles and functions of the district council follow after this look at community
councils.
4.6.2 The district council
District councils are yet another kind structure of local government operating at the
district level. In terms of the Local Government Act of 1997, district councils are
responsible for the development of the entire district. The district council members
are elected from the community councils. District council functions are as follows.
They are expected to:
• manage functions outlined in Schedule 1 of the Local Government Act 1997
• monitor performance of community councils in the provision of services
• assist and support community councils in the provision of services. The
envisaged support may be technical, financial etc
• monitor the performance of line ministries and other service providers within
the district
• coordinate activities of service providers within the district
• monitor the implementation of the district plan
• converge all sources of funding as per the emerging priorities of community
councils
From the above, it can be seen that the district councils are tasked with the overall
development of the district. They are central to ensuring that the community councils
operate smoothly to bring services and development. The next council to be examined
is the urban council.
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4.6.3 The urban council
The urban council is another structure of local government that, in terms of the Local
Government Act of 1997, is established in the areas that are legally declared by the
minister to be urban areas. In terms of the Local Government Act of 1997 the urban
councils consist of not less than 9 elected members but not exceeding 13 elected
members and not exceeding 2 gazetted chiefs (other than principal chiefs) who shall
be elected.
The functions of the urban council are stated in the first schedule of the Local
Government Act of 1997. These include:
• control of natural resources (e.g. sand, stones) and environmental protection
(e.g. dongas, pollution) as well as omnibus terminals
• public health (e.g. food inspection, refuse collection and disposal) and
education
• physical planning and recreation and culture, laundries, and fencing
• land/site allocation, fire and minor roads (also bridle-paths) and roads and
traffic
• grazing control and agricultural: services for the improvement of agriculture
• water supply in villages (maintenance) and markets (provision and regulation)
• promotion of economic development (e.g. attraction of investment)
• streets and public places, burial grounds, parks, gardens and fencing
• control of building permits, local administration of central regulations and
licences
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• care of mothers, young children, the aged and integration of people with
disabilities
• public decency and offences against public order
• forestry: preservation, improving and control of designated forest in local
authority areas.
These are the local government structures in which citizen participation in Lesotho is
expected to take place. As stated in the ‘programme for implementation of local
government in Lesotho’ (2003:16) the building block for participation in local
government is the electoral division from which the councils are built up. The
electoral division are provided in terms of section 6 of the Local Government Act of
1997. For example:
• a community council shall consist of not less than 9 electoral divisions but not
exceeding 15 which shall be constituted only within the jurisdiction of a rural
area
• an urban council shall consist of not less than 9 electoral divisions but not
exceeding 13
• a municipal council shall consist of not less than 11 electoral divisions but not
exceeding 15
It is in these councils that citizen participation is expected to take place, especially in
electoral divisions. In Qacha’s Nek, there are three community councils namely,
Tsoelikana, Nts’upe and Qanya. There is a Qacha’s Nek district council and a
Qacha’s Nek urban council. The study was conducted in one community council and
one urban council since these councils are representative of the four councils in
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Qacha’s Nek. These are Tsoelikana community council and Qacha’s Nek urban
council. They were also selected on the basis of accessibility.
This section looked at the structure of local government and identified the number of
councils present in Qacha’s Nek. The next section looks at legal, policy and
institutional frameworks guiding local government.
4.7 LEGAL, POLICY AND INSTITUTIONAL FRAMEWORKS GUIDING
LOCAL GOVERNMENT
Local government is guided by and predicated upon three sets of frameworks: the
legal, policy and institutional. The legal frameworks that are going to be discussed are
the Constitution of Lesotho (1993) and the Local Government Act of 1997. The policy
frameworks that are explored herein are Vision 2020 and the Poverty Reduction
Strategy Paper as well as the Public Sector Improvement and the Reform Programme.
The institutional framework looks exclusively at the Ministry of Local Government.
These sets of frameworks have a special role to play in guiding local government in
Lesotho.
4.7.1 The legal framework
Local government in Lesotho is guided by three major pieces of legislation namely
the Constitution of Lesotho, the Local Government Act, 1997 and the Local
Government Elections Act, 1998. For the purposes of this research, only two
legislative frameworks are explored. These are the first two while the latter is left not
because it is not important but due to the fact that its impact did not attract popular
attention in terms of citizen participation in the planning and policy process.
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4.7.1.1 The Constitution of Lesotho Act 108 of 1993
According to the APRM report (2010:60) ‘the 1993 Constitution of Lesotho is the
supreme law of the country and it stipulates that all laws should be consistent with it’.
Local government is premised on section 106 of the Constitution. This section
provides that;
‘Parliament shall establish such local authorities as it deems necessary to enable urban
and rural communities to determine their affairs and to develop themselves. Such
authorities shall perform functions as may be conferred by an act of parliament’.
Although the Constitution speaks of local authorities while the practice speaks of
local government, it is generally believed that local authorities represent local
government. This is because according to the document Programme for
implementation of local government in Lesotho (2003:2), this section 106 obliges the
government to establish local government. Therefore, local government is established
in terms of that section that deals with the establishment of local authorities.
However, this parlance has produced political as well as academic debates. For
example ‘Nyane (2010:4) holds the view that local government does not have
constitutional support and that it remains the discretion of parliament to establish local
authorities. He puts forward two important contentions worthy of consideration.
Firstly, he contends that the section does not make any mention of local government.
It refers to local authorities. Indeed, the Constitution speaks of local authorities not
the local government as stipulated in the act. He argues that local authorities and local
government are two distinct features of a constitutional scheme. The second
contention concerns the issue of discretion on the part of parliament. He argues that
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the section empowers parliament to form local authorities ‘as it deems necessary’. He
further argues that ‘the section as a constitutional clause itself does not talk about
local authorities or local government. It leaves it to parliament (central government)
thereby leaving local governance largely a creature of central government-in a typical
Westminster style.
Despite this debate, the Constitution continues to be the legitimate and supreme law
governing and is considered the base of the present local government. It is upon this
section that the Local Government Act No: 6 of 1997 and the Local Government
Elections Act of 1998 were enacted to provide for the structure and elections of local
government in Lesotho.
4.7.1.2 The Local Government Act No. 6 of 1997
The Local Government Act of 1997 was established in terms of Section 106 (1) of the
constitution. According to the document ‘Programme for implementation of local
government in Lesotho’ (2003:2) ‘the Local Government Act of 1997 outlines the
institutional framework for the envisaged local government system’. The act
establishes the three-tier structure as being the community councils, the urban council
and the municipality council. These structures are the local government structures.
The Act makes provision for local government, covering issues such as composition
of councils, functions, tenure of councillors and the various committees of local
government.
Briefly, the act provides for general guidelines on how local government is to be
implemented and administered. Notably, the functions of the councils are listed in
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both schedule 1 and 2 of the act. There are various committees established by the act
for various responsibilities. This brief look at the Local Government Act of 1997 is
followed by the policy frameworks guiding local government.
4.7.2 The policy frameworks
The following policy documents are regarded as policy frameworks underlying local
government in Lesotho. These are the Vision 2020, the National Poverty Strategy
Paper and the Public Sector Improvement Reform (PSIRP). According to the APRM
Report (2010:61), Vision 2020 and the National Poverty Strategy provide the basic
principles of decentralisation (local government) for the purpose of national
development. The Lesotho Vision 2020 will first be looked at, followed by the
analysis of the paper and the programme.
4.7.2.1 The Lesotho Vision 2020
The Lesotho Vision 2020 is a national long-term development framework. The
government of Lesotho through this vision states that:
By the year 2020, Lesotho shall be a stable democracy, a united and prosperous nation at
peace with itself and its neighbours. It shall have a healthy and well developed Human
Resources base. Its economy will be strong, its environment well managed and its technology
well established. In addition, Lesotho will have a well-established system of local government
with full ownership and participation of the majority in decision making and local
development. The country will have a clear direction in policy development, strategic
thinking and foresight and programme planning. Lesotho will be known for good governance
driven by effective and visionary leadership (Lesotho vision 2020)
The vision identifies local government as one of the strategies the country will use to
realise national development. According to the Programme for implementation of
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local government in Lesotho (2003:4) Vision 2020 identifies and proposes the
following strategic actions:
• decentralise service delivery and empower communities
• promote popular participation in national affairs
• implement the Local Government Act, 1997
• strengthen the chieftainship institution as an institution of governance.
4.7.2.2 The Poverty Reduction Strategy Paper (PRSP) and the Public Sector
Improvement Reform Programme
The Poverty Reduction Strategy Paper (PRSP) and the Public Sector Improvement
Reform Programme (PSIRP) are the other important policy documents behind local
government in Lesotho. According to the Programme for the Implementation of Local
Government in Lesotho’ (2003:1) these policy documents deal with the government’s
strategy towards poverty reduction and service delivery improvement.
Therefore, these documents remain influential in realising the development of
Lesotho. Of the two documents, the PSIRP provides the stronger foundation for local
government. As the Framework for the Preparation of National Decentralization
Action Plan (2009:3) states ‘the PSIRP provides the framework for the improvement
and reform of the public sector with the first two components out of three being of
key importance to decentralization’:
• Component one addresses the issues of strengthening financial management
and accounting by focusing on areas such as integrated planning and
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budgeting processes, modern procurement systems and modern integrated
accounting, revenue and expenditure management systems. Outputs of these
reforms are designed so as to accommodate the effective and efficient
operation of local authorities.
• Component two focuses on improving service delivery through
decentralisation. This is linked to the implementation of the Local Government
Act and the Local Government Service Act 2008, as it is envisaged that
through this process councils will deliver improved services to people.
As a result, these policy documents play a pivotal role in guiding the local
government system in Lesotho as they link the whole process with the general
objectives of national development. As stated in the Programme for Implementation
of Local Government in Lesotho (2003:1) ‘central to the implementation of these
policies or programmes is the government recognition that human development is
about the people and expanding their choices to lead the lives they want. This
includes the creation of an environment that enables a participatory approach to
development policy formulation, implementation and monitoring. It is for this reason
that the Government of Lesotho remains committed to introducing local government
as a pivotal strategy to implementing the PSIRP and the PRSP and thus realization of
the National Vision’.
After this discussion of policy documents, the next section of this chapter looks at the
institution specifically mandated to guide the local government system in Lesotho.
This is the Ministry of Local Government.
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4.8 THE INSTITUTION GUIDING LOCAL GOVERNMENT-THE MINISTRY
OF LOCAL GOVERNMENT AND CHIEFTAINSHIP
The Ministry of Local Government and Chieftainship was created in 1993 after the
introduction of democratic government to replace the former Ministry of the Interior,
Chieftainship and Rural Development (Lesotho Year Book, 2005:58). This is the
ministry responsible for local government in terms of guidance and administration. In
order to deliver upon its commitment, the ministry has created a vision, mission
statement and objectives which guide and direct its course of action (Ministry of
Local Government and Chieftainship, 2009:13-14). The vision of the Ministry is
‘to establish a deeply rooted democracy with well-functioning local authorities that
endeavour to improve service delivery, promote people’s participation in development
and improve the living conditions of the people’.
Following from the vision is the mission statement which states the purpose of the
Ministry as
‘to promote, deepen and consolidate a sustainable and effective system of local
government for improved service delivery’.
In order to realise the vision and the mission statement, the Ministry of Local
Government came up with the following objectives:
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• to support and strengthen councils in the provision of quality service to the
nation through a well-defined policy framework and adherence to laws and
regulations of local government
• to monitor operations of councils in relation to their powers, functions, duties,
service delivery standards and general performance
• to promote effective and sustainable land management and administration,
rural and urban development in Lesotho as provided for under relevant
legislation and national land policies
• to facilitate the delivery of affordable quality houses to Basotho within
properly planned housing settlements
• to support a service-oriented Chieftainship institution that is adaptive to
decentralisation and local governance
• to contribute towards prevention, treatment and mitigating the impact of HIV
and Aids
• to ensure adequate human and institutional capacity for policy formulation and
decentralised planning and implementation.
Pursuant to this, in 2009 the Ministry formulated three documents namely the
Decentralisation Action Plan for Lesotho 2009/10-2010/11, the Framework for the
Preparation of National Decentralisation Action Plan and the Strategic Plan of the
Ministry of Local Government and Chieftainship. These documents entail the
ministry’s overarching and concerted strategies and action plans towards
administering and coordinating the local government system in Lesotho. The Local
Government Act of 1997 also empowers the Minister of Local Government to make
and amend the system of local government where necessary. The Ministry of Local
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Government remains the only institution mandated to see to it that the system of local
government in Lesotho becomes operational, functional and active in meeting the
prescriptions of the Local Government Act No: 6 of 1997 and other acts related
thereto.
This section of the chapter has discussed the legislative, policy and institutional
frameworks guiding the system of local government in Lesotho. As has been seen, the
legislative frameworks under discussion were the 1993 Constitution of Lesotho and
the Local Government Act No. 6 of 1997. The policy frameworks discussed include
vision 2020, the PRSP and the PSIRP. These are the national development
documents. Lastly, the Ministry of Local Government was identified and discussed as
the major institution mandated to administer and coordinate the system of local
government in Lesotho.
These frameworks are regarded as indispensable tools that have played a significant
role in ensuring and guiding the system of local government in Lesotho. The next
section evaluates citizen participation in local government in Lesotho.
4.9 CITIZEN PARTICIPATION IN LOCAL GOVERNMENT: PROSPECTS
AND CHALLENGES
Local government is lauded for its potential to enable citizen participation especially
in the planning and policy process. Brynard (1996:138) argues that ‘local government
should be regarded as an effective means of encouraging popular participation in the
local planning processes’. As such, this part of the research attempts to investigate
whether citizen participation is possible and encouraged in the local government
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system in Lesotho. This section attempts to answer the following questions: can
citizen participation take place in Lesotho’s local government system; and does the
government embrace citizen participation, especially in local government? What
legislative and policy frameworks support and endorse citizen participation in
government? The last part examines the challenges and criticisms levelled at local
government which hamper citizen participation in Lesotho.
4.9.1 Citizen participation in local government in Lesotho
The Lesotho local government has the potential to act as an effective means for
allowing the process of citizen participation to take place. This is because as has been
argued in Chapter two, it is feasible for citizens to participate since the government is
close to them. One of the rationales the government of Lesotho has stated for
introducing local government in Lesotho is to promote people’s participation in
decision-making, planning and the implementation of development programmes
(Programme for Implementation of Local Government in Lesotho, 2003:2).
Therefore, citizen participation can take place in three different ways in local
government structures in Lesotho. Firstly, citizens can easily participate in local
structures, namely the community council as the council nearest to them. Citizens can
easily participate in this council as ordinary individuals, through their organised
associations as well as members of non-government organisations.
Secondly, citizen participation can take place at the pitso either organised by the
councillor or chief. Pitsos are considered the best places at which citizens can
participate and enhance proper functioning of local government. As stated in the
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Programme for Implementation of Local Government in Lesotho (2003:16), the local
area’s chief boundaries offer the best units of contiguous accessible villages which
have and continue to gather as a pitso or general house’. Since one of the individual
roles a councillor is expected to engage in is frequent interaction with citizens, it is in
such meetings at pitso that citizen participation can occur. The councillor is also
expected to share and mobilise final plans with the citizens at the pitsos as well as
provide citizens with feedback on whatever progress is being made on the
implementation of plans (Programme for Implementation of Local Government in
Lesotho, 2003:18). Therefore, it is in such gatherings that citizen participation can
take place.
Thirdly, citizen participation can take place in local government through various
committees established in local government. In these committees, citizen participation
is expected in terms of providing input and making suggestions. For example, there is
the District Development Coordinating Committee, whose main purpose is to
coordinate and integrate all the district development plans from the councils and the
line ministries, and to review progress on implementation of council plans
(Government of Lesotho, 2003:20). Citizens are also represented in this committee,
especially in groups and through non-governmental organisations.
From the above, it can be concluded that citizen participation in local government in
Lesotho can occur within the local government structure, namely the community
councils and the district councils. Prospects in terms of the possibility that enables
citizen participation to take place are present and citizens have the opportunity to
participate. Citizens can participate as ordinary citizens and in organised groups such
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as non-governmental organisation and specialised associations. The next section
analyses the government support of citizen participation.
4.9.2 The role of government in embracing citizen participation
The government of Lesotho has embraced the notion of citizen participation in local
government. The basis for this assertion is derived from the fact that the government
has earmarked citizen participation as one of the objectives of establishing local
government. In the Programme for Implementation of Local Government (2003:2) the
government outlines one of the objectives of local government in Lesotho as ‘to
promote people’s participation in decision-making, planning and implementation of
development programmes’.
From this objective, it can be deduced that the government has observed that general
development can occur if the citizens take part in the whole process of governance.
Local government in this regard is nothing but an effort of government to bring
government closer to the people for participation and service delivery. This point is
validated by the APRM (2010) report which states that the principal objectives of
decentralisation are to promote participatory democracy and efficient service delivery.
Moreover, the embracing of citizen participation in local government is further
expressed in various official documents which are frameworks for the preparation of
the National Decentralisation Action Plan. Citizen participation is one of the core
areas which the actual plan has to address. Following this framework, the
government, through the Ministry of Local Government, came up with an official
document called the Strategic Plan of the Ministry of Local Government and
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Chieftainship. In this plan, the government’s vision rates citizen participation as one
of the most important areas for consideration. The vision as stated in the strategic plan
reads ‘to establish a deeply rooted democracy with well-functioning local authorities
that endeavour to improve service delivery, promote people’s participation in
development and improve living conditions of the people’. The plan also indicates
that government should take the notion of citizen participation seriously.
Therefore it was upon this strategic plan that the government, through the Ministry of
Local Government established the Decentralisation Action Plan for Lesotho in 2009.
In this document, the government further reinforced the notion of citizen participation
by making it one of the programme areas worthy of special attention. This document
is summarised in terms of four programme areas. Programme area four looks at
citizen participation and accountable local governance. The objectives and the
expected outcomes of this programme outline the broad government approach to
citizen participation. The following are the objectives of the programme (Ministry of
Local Government and Chieftainship 2009:25):
• to improve citizen participation in the development process
• to promote engagement of councils, NGOs and chiefs in local governance
(Ministry of Local Government, 2009:25).
With these two objectives in mind, the government attempts to achieve the following
outputs:
• improved public awareness on decentralisation
• improved and increased citizen participation in development processes
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• systems for regular engagement, information flow and feedback improved at
local level
This programme illuminates the government position towards citizen participation in
local government. The government of Lesotho embraces citizen participation in local
government and is committed to making it effective and hence improving it. This is
expressly stated in the following excerpt from the Programme for Implementation of
Local Government in Lesotho (2003: 15-16):
‘people‘s participation in the decision-making and governance processes has the advantage of
facilitating accountable local governance in the development process. To improve people’s
participation in the decision making, the public will need to understand the decentralization
system and what is required of them as citizens. This calls for awareness creation which can
be achieved partly through educating the people through the media and providing the
necessary documented information to their understanding’ (Programme for
Implementation of Local Government in Lesotho, 2003: 15-16)
.
The government of Lesotho supports and embraces citizen participation in local
government as has been seen above. The next part looks at the mechanisms for
fostering citizen participation as envisaged by the government of Lesotho.
4.9.3 The envisaged participation mechanisms in local government
As stated in the Programme for Implementation of Local Government in Lesotho
(2003:16) there are two mechanisms that can be used to foster citizen participation in
local government, namely the general house and the sectoral sub-committee.
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4.9.3.1 General house
The general house (pitso) can effectively be used as a mechanism for fostering citizen
participation in local government. The local chief boundaries offer adequate space for
fostering citizen participation. According to the Programme for Implementation of
Local Government in Lesotho (2003: 16), ‘to enhance the proper functioning of local
authorities, the most crucial aspect is to link them effectively with the communities at
the village level. The local area chief boundaries offer best units of contiguous
accessible villages which have and continue to gather as a pitso or general house’.
This can enable the majority of citizens to actively participate in local government,
especially in the policy and planning process. The structure and composition of the
pitso can offer an inclusive format that allows for wider citizen participation. The
Programme for Implementation of Local Government in Lesotho (2003:17) provides
the envisaged composition of the pitso which is:
• the general house consists of eligible voters residing in the electoral division
• at least 33% of the quorum present should be women
• the meeting of the general house is chaired by the councillor and convened by
the local area chief
• records and attendance of general house meetings will be maintained by a
designated local area committee member and the local area chief
• the minutes are read out to people by the chief and councillor. After necessary
corrections, they are endorsed by the general house by a show of hands
• the register of minutes is kept with the councillor and the local chief
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The pitso has a specific role to play in as far as ensuring citizen participation in the
planning process is concerned. This is captured in the roles the pitso is expected to
perform. According to the Programme for Implementation of Local Government in
Lesotho (2003:17) the roles of the pitso are to:
• discuss and approve the draft local area plan prepared at local level
• identify and prioritise beneficiaries for different government and council
schemes
• consider annual progress reports and annual statements of accounts presented
by the councillor and approve such report
• make a review of the proposed plan (annual plan of operation) for the next
year, approve it and send it to council
• approve and advise on by-laws developed by the council
It can be deduced from these roles that the pitso can foster citizen participation in
local government. This is because in terms of the composition of the pitso, every
citizen is allowed to take part in the planning process in his or her village. This means
in terms of this envisaged mechanism, citizen participation in policy and planning
processes in local government in Lesotho can take place. The next mechanism that
will be examined is the sectoral sub-committees.
4.9.3.2 Various sub-committees
In order to foster citizen participation, the community council can establish various
sub-committees for dealing with various issues and plans. It is the responsibility of the
community council and the councillors themselves to ensure that citizens take part in
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community issues such as in the formulation and implementation of plans. One of the
ways in which citizen participation can be instituted is through sub-committees.
According to the Programme for Implementation of Local Government in Lesotho
(2003: 19) ‘it is the role and responsibility of the community council to establish the
planning sub-committees and sectoral sub-sectoral committee’. The planning sub-
committees may work with the members of the District Planning Unit while the
sectoral sub-committee may co-opt non-governmental organisations working on
specific issues (Programme for Implementation of Local Government in Lesotho
(2003: 19).
The pitso and sub-committees can play a pivotal role in fostering citizen participation
in local government. These mechanisms are the simplest mechanism which can be
used especially in the context of the community council as the lower tier of local
government.
Since the study attempts to find out if citizen participation in policy and planning in
local government takes place, the following section looks at the bodies facilitating
this.
4.10 BODIES FACILITATING PARTICIPATION IN THE POLICY AND
PLANNING PROCESS
The preceding section has shown that citizen participation can take place through
different forms. This section examines the two important bodies through which citizen
participation in the policy and planning process can take place. These bodies are the
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District Planning Unit (DPU) and the District Development Coordinating Committee
(DDCC).
4.10.1 The district planning unit (DPU)
Section 28 of the Local Government Act of 1997 stipulates that ‘there is established a
district planning unit for each administrative district’. The composition of the district
planning unit is provided for in section 29 of the act. It provides that ‘a district
planning unit shall consist of planning officers and such other public officers of any
ministry, who are engaged in performing their functions or carrying out any work
within the administrative district in respect of their ministries’. These officers are the
officer-bearers who constantly engage with the communities in terms of the service
delivery of their respective ministries and departments. In other words, they must
consult with and allow citizens the chance to participate.
The district planning unit has specific functions that it must perform. These functions
are provided for in section 30 of the Local Government Act of 1997. These functions
are:
• to provide planning services for councils within its district;
• to consider draft development proposals submitted by council
• to prepare an annual district development plan incorporating all or any such
proposals
• to submit such plans to the district development coordinating committee
• to finalise the district development plan having regard to the recommendations
made by the district development coordinating committee and submit such
plan to the ministry;
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• to ensure that the district development plan conforms reasonably to the overall
national development plan formulated by the ministry responsible for
economic planning.
The District Planning Unit (DPU) is expected to work with various stakeholders in the
communities when formulating the district plans. These stakeholders include the
community council, non-governmental organisations and the citizens or members of
the community. It is thus expected that this unit can foster citizen participation in the
communities. According to the Programme for Implementation of Local Government
in Lesotho (2003: 7) ‘the type of planning envisaged will be based on the principles of
empowerment and community participation. In order to uphold the aforementioned
principle, an appropriate community based planning methodology and an integrated
planning methodology that links local and central planning will have to be developed.
This will also require the development of a planning and budgeting framework that
would ensure that allocations of resources are based on development plans initiated by
respective communities’.
Therefore, the District Planning Unit is supposed to consult community members in
formulating the district plan. This means during that process, citizen participation will
take place. This is why the District Planning Unit is regarded as one of the bodies
capable of facilitating citizen participation in local government especially in the
planning process. The other body that can facilitate citizen participation in the policy
and planning processes in local government is the district development coordinating
committee. The next part looks at this committee.
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4.10.2 The district development coordinating committee (DDCC)
This is another body established in terms of section 78 the Local Government Act of
1997. It consists of a wide range of stakeholders. It is the statutory committee tasked
primarily with the consideration and approval of district plans from the District
Planning Unit. The composition of the committee is provided for in section 78(2). In
terms of this section, the committee shall consist of:
• the Mayor and two elected members representing a municipal council
• the chairman and two elected members representing an urban council
• the chairman, two elected members, and three chiefs representing a rural
council
The following public officers (hereinafter referred to as ‘the ex-officio members’) are
also included in the committee:
• the district administrator who shall be the secretary of the committee
• an officer representing the District Planning Unit
• such other public officers as may be determined by the minister, to represent
ministries that are operating within the administrative district
• representatives nominated by the forum of Non Governmental Organizations
operating in the district
• nominees from the council of churches in the district.
Section 81 of the Local Government Act of 1997 provides for the functions of the
committee. These functions include:
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• to consider draft development plans for the district prepared by each council
• to co-ordinate such plans into a composite district development plan and to
approve such plan.
In this committee, citizen participation can take place because citizens are included in
terms of non-governmental organisation and community-based organisations and
councils. This means the presence of these community organisations ensures
participation. The next part looks at the legal and policy frameworks supporting
citizen participation in local government.
4.11 LEGISLATIVE AND POLICY FRAMEWORKS SUPPORTING CITIZEN
PARTICIPATION
It has been established that with the above-mentioned bodies the government of
Lesotho is committed to citizen participation through local government. This
commitment shows that the idea of citizen participation is not a matter emanating
from nowhere. It is founded on law and remains a right and responsibility of the
citizens and government. This section is an attempt to illustrate that citizen
participation is embedded in the legal and policy documents of the country. These
include the Constitution of Lesotho and the Vision 2020 document.
Section 20 of the Constitution of Lesotho provides for the right to participate in
government. In term of section 20(1), every citizen of Lesotho shall enjoy the right:
• to take part in the conduct of public affairs, directly or through freely chosen
representatives
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• to vote or stand for elections at periodic elections under this constitution under
a system of universal and equal suffrage and secret ballot
• to have access, on general terms of equality, to the public service
The first and the third bullet above have a bearing on citizen participation. In terms of
the first bullet, the Constitution of Lesotho empowers citizens to take part in the
conduct of public affairs. The conduct of public affairs entails many things which in
terms of this research may be taken to include the planning and policy process.
Therefore, citizens are empowered to take part in the planning and policy process.
Concerning the third bullet, the Constitution empowers the citizens to have access to
the public service. One of the objectives of local government in Lesotho is to bring
the government closer to the people. These sections of the Constitution have a great
bearing for citizen participation in local government. Therefore, citizen participation
in local government has the legal back-up of the Constitution of Lesotho.
Vision 2020 is another policy document which supports the process of citizen
participation in local government. For example it provides that:
‘By the year 2020, Lesotho shall be a stable democracy, a united and prosperous nation at
peace with itself and its neighbours. It shall have a healthy and well developed human
resources base. Its economy will be strong, its environment well managed and its technology
well established. In addition, Lesotho will have a well-established system of local government
with full ownership and participation of the majority in decision making and local
development. The country will have a clear direction in policy development, strategic
thinking and foresight and programme planning. Lesotho will be known for good governance
driven by effective and visionary leadership’ (vision 2020)
It is in terms of this excerpt that Vision 2020 is regarded as one of the policy
documents upon which citizen participation in local government is predicated. This is
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because Vision 2020 outlines the long term development of the country and as such in
order to reach its goal, the Vision recognises the fact that there is a need for citizens to
participate in local government. According to Vision 2020, ‘Lesotho will have a well-
established system of local government with full ownership and participation of the
majority in decision making and local development’. This is why the government is so
committed to local government.
From the above it can be seen that citizen participation in local government in
Lesotho is supported by the Constitution of Lesotho and Vision 2020 as the legislative
and policy frameworks. It is upon these frameworks that the government is committed
to ensuring that citizen participation in local government takes place. Moreover, in
order to show this commitment, the government through the Ministry of Local
Government and Chieftainship established a special programme in an attempt to
promote citizen participation in local government. While the government has showed
great commitment towards promoting citizen participation in Lesotho, there are
challenges as well as criticisms levelled. The next section looks at the challenges and
criticisms the government faces concerning citizen participation in local government.
4.12 CHALLENGES FACING LOCAL GOVERNMENT AND CITIZEN
PARTICIPATION
Local government in Lesotho has since 2005 been faced with many challenges that
render citizen participation ineffective. According to Shale (2010:17) the first
challenge concerns the Local Government Act. He writes that the Act not only runs
short of articulating how people will participate in the development process but also
fails to institutionalise participation by way of establishing public participation bodies
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as does the South African Municipalities Act 1998. As Shale (2010:17) has noted,
there is nowhere in the Local Government Act 1997 where the issue of participation is
encouraged. Therefore it remains an issue of discretion or choice despite the
government commitment towards it.
According to Shale (2010:17) ‘the South African Municipal Structure Act 117 of 1998
provides for the ward committees to be constituted by representatives of various
interest groupings within the ward excluding politicians by virtue of being elected
representatives that already serve in the municipal council’. This excerpt provides
insights into Lesotho’s case in that for participation to occur and be improved, it
should have a base. There has to be provision for structures, mechanisms and
stakeholders in the legislation. In other words, citizens have to feel empowered and
have an obligation to participate as is the case provided for in the South African
Municipal Structure Act 117 of 1998.
Currently, Lesotho’s Local Government Act of 1997 is silent and does not have such
provision on citizen participation. Secondly, Shale (2010:17) contends that lack of a
mechanism to foster public participation in Lesotho is another crucial problem.
According to Shale (2010:17) citizen participation is legally implied through the
formulation of the Local Government Act No. 6 of 1997 but not legally stated in the
same act. Thus participation becomes an issue of discretion rather than mandatory
(Shale, 2010: 17). The same arguments were echoed by Kapa (2010:15-17).
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4.13 GENERAL ARGUMENT AND SYNTHESIS
Despite these challenges, local government is regarded as a means to foster
participation of people in the planning and policy process. According to Brynard
(1996:138) ‘local government should be regarded as an effective means of
encouraging popular participation in the local planning process’. The government of
Lesotho, through local government aims to achieve development in communities
through the participation of people in the policy and planning process. As Brynard
(1996:133) notes, planning in local government involves two parties, namely local
government and the community. It is in this process that the goals and plans of the
community are to be reached.
According to Brynard (1996:132) planning should be placed in relation to phenomena
such as policy making and policy implementation by using the goal perspective as a
guiding factor. Participation is encouraged and promoted by the Lesotho Constitution
and Lesotho Vision 2020. Section 20 of the Constitution of Lesotho provides for
participation in government while the Vision 2020 policy document provides, in
relation to participation, that ‘Lesotho will have a well-established system of local
governance with full ownership and participation of the majority in decision-making
and local development’. In order for local government to be effective, citizen
participation has to be encouraged, especially in the planning and policy process as
they are critical in determining the development in communities. The key question
that follows therefore is has citizen participation in Lesotho’s local government taken
place since 2005? It is therefore, against this background that the study focuses on
citizen participation in the planning and policy process in local government in
Lesotho with reference to selected councils in Qacha’s Nek
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4.14 CONCLUSION
This chapter discuss documents and legislation that have promoted local government
and citizen participation since the post-2005 local government elections. The post-
2005 local government is said to be the first democratic local government system in
Lesotho. The present local government consist of the elected councillors on the one
hand and the chiefs on the other. The local government structure in Lesotho consists
of the community council, the urban council, the district council and the municipal
council. Participation in such structures is supposed to take place within the electoral
division. Mechanisms that can be used in local government to foster citizen
participation have been identified. As has been seen, each council consists of electoral
divisions where citizens can easily participate in the policy and planning processes in
local government.
In Qacha’s Nek there are only three councils, namely the community, urban and the
district council. The Ministry of Local Government remains the only institution for
implementing the local government system in Lesotho. Apart from this, local
government and citizen participation in Lesotho is supported by a set of laws and
policies.
Since its inception in 2005, local government has had to contend with challenges that
hamper citizen participation. The major challenge concerns the lack of legal
framework supporting citizen participation in local government. These are some of
the challenges that should and can be overcome. In order to get an in-depth
understanding of citizen participation in local government, a study of citizen
participation in other countries was considered.
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The next chapter will look at citizen participation in South African local government
with a view to forming a clear understanding of how citizen participation takes place
and is promoted in South Africa.
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CHAPTER FIVE
CITIZEN PARTICIPATION IN LOCAL GOVERNMENT
IN SOUTH AFRICA
5. 1 INTRODUCTION
According to Buccus, Hemson, Hicks and Piper (2007:9) ‘South Africa is a
multiparty, representative democracy, under a constitution which is sovereign and
which entrenches human rights’. Citizen participation in local government is one of
the entrenched issues in South Africa. Since 1994 the government has shown its
commitment towards citizen participation through the enactment of many laws and
policy frameworks. In this regard Smith (2008:3) points out that ‘since 1994 there has
been a widely observed commitment in South Africa to participatory governance
within both government and civil society, which has been given legal standing and
encouragement through the country’s constitution and other pieces of progressive
legislative’.
In South Africa, citizen participation in local government is provided for in terms of
section 152 of the Constitution of South Africa (1996). This section stipulates that the
local authorities should ‘encourage the involvement of communities and community
organizations in the matters of local government’. This means local government or the
municipalities are legally-bound to ensure that citizens participation takes place.
According to Buccus et al. (2007:3) ‘Public participation is receiving increasing
attention in South Africa, especially in local government. This is because in terms of
the constitution, municipalities are mandated to bring development to communities.
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The government also has shown commitment to ensuring that citizen participation
becomes a reality. This is reflected in many laws and policies such as the Municipal
Structures Act (No. 117 of 1998), the Municipal System Act (No. 32 of 2000) and a
comprehensive policy document the 2005 Draft National Policy Framework for
Public Participation of the Department of Provincial and Local Government (DPLG).
This chapter discusses citizen participation in local government in South Africa as an
example of how citizen participation can be improved in Lesotho. South Africa has
been chosen for this study because it introduced the notion of citizen participation in
local government before Lesotho. As Van der Molen et al (2001:70) observe ‘South
Africa has gone a long way in promoting citizen participation in public
administration’. This chapter will provide an overview of citizen participation in
South Africa as well as the rationale for local government in South Africa. Local
government in terms of the South African Constitution (1996) will also be looked at as
well as the ways that can be used to promote citizen participation in South Africa.
This is followed by looking at the statutory frameworks guiding citizen participation
and the structures through which citizen participation takes place in local government.
Lastly, the instruments, mechanisms and categories that can be used to enhance
citizen participation and the mechanisms and categories that can be used to enhance
citizen participation will be examined.
In order to arrive at a clear understanding of citizen participation in South Africa, the
following literature and sources were consulted; books on democracy, public
participation and local government in South Africa, articles of citizen participation in
local government in South Africa, policy documents, legal frameworks in South
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Africa relevant to the study, research both published and unpublished, journals and
official papers.
5.2 AN OVERVIEW OF LOCAL GOVERNMENT AND CITIZEN
PARTICIPATION IN SOUTH AFRICA
In modern democratic regimes, local governments are established with a view to
enable the process of citizen participation to take place. This is the requirement of a
democratic regime and in most respects emphasises the concerted relationship
between the government and the citizen. Clapper (1996:56) remarks that ‘for
democratic government to exist, the public (or the people) must govern or at the very
least be actively involved in government. Without citizen participation a democratic
government will cease to function as a democracy. Vibrant democracy insists,
therefore, that citizen participation be positively encouraged by those in power’.
Local governments are embedded in modern democratic systems and responsible for
addressing the needs of the local people. In this respect, local government is expected
to work with the citizens to allow citizen participation to take place.
Local government can easily foster citizen participation. According to Reddy (1999:9)
local government is that level of government created to bring government to the local
populace and to give citizens a sense of participation in the political processes that
influences their live. Citizens can easily participate in local government because it is
close to them. They can consult councillors because they are easily available. There
are salient features of local government that make it more feasible for citizen
participation to take place. Reddy (1999:10) and Brenner (2004:17) explain the salient
features of local government as follows:
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• Locality:
This refers to a relatively small geographical area in which a sense of
community is evident. It is in this locality that citizens can easily participate
because the government is closer to them and they can place their demands or
get feedback from local government because it is within their locality. For
example, if there is a need for water or health services, citizens can easily meet
the local government and it can easily understand since that concern is close to
them.
• Legal personality:
This refers to constitutional arrangements, legislation and regulations that
define the power of local government. It dictates that local governments are
legally established with certain powers to carry out certain objectives as
provided for in the Constitution of South Africa, 1996 as set out in section 152.
As such, citizens have the legitimate expectation that the government has to
provide them with such services. This means citizens can participate by
lodging complaints or making demands knowing that the local government is
legally mandated to meet them.
• Autonomy:
This refers to the ability of local government to make binding decisions and
policy choices within a legally stipulated framework and to allocate resources
and provide locally specific services (Van der Waldt, 2007:4) Local
government can make decisions concerning the services to be offered in terms
of policy, plans and programmes. Citizens can participate in such policies and
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planning processes so that they are part of the decisions reached by their local
authority. In this way, the local authority will be providing goods and services
for the particular geographical area based on its distinct needs and
considerations.
• Government powers:
This refers to the authority to carry out formal governmental functions such as
revenue collection, the allocation of resources and the making of political
choices. Local government therefore possesses certain powers and is expected
to perform functions similar to those of central government. According to Van
der Waldt (2001:4) local government is regarded as a distinct sphere, as
opposed to a tier of government and is thus equal to central and provincial
government. It is in this regard that local government performs functions such
as revenue collection and bringing services to local citizens.
• Participation and representation:
This refers to the way in which community representatives are elected or
appointed to serve people as well as the way in which people have the
opportunity to participate in government affairs. The community
representatives are citizens elected by citizens to represent them in the local
government or municipality. These are the people who are expected to help
the local area to determine and promote the welfare of the community in such
local area. It is in this context that they should continually interact with the
citizens to identify and determine the local area needs and problems.
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These features of local government are the foundation upon which the process of
citizen participation can take place. They reflect the possibilities that local
government has to foster citizen participation. Therefore, it is concluded that it is
possible that through local government, citizen participation can occur.
In the South African context, local government consists of municipalities that are
instituted for each demarcated area or municipality established for the whole territory
of South Africa (Van Der Waldt, 2001:4). This design is provided for in terms of
section 151(1) of the South African Constitution. Local government in South Africa is
expected to bring development in different municipal areas. This is why it is regarded
as ‘developmental’ in nature. According to the White Paper on Local Government
(1998:17) developmental local government is ‘local government committed to
working with citizens and groups within the community to find sustainable ways to
meet their social, economic and material needs and improve their quality of life’.
Therefore, the municipalities or local government in South Africa is expected to work
with the citizens in bringing development.
As a result, the municipalities are expected to be developmental in approach in the
implementation of their mandate. In this regard, the Constitution of South Africa
outlines the developmental duties of municipalities. Section 153 of the Constitution of
South Africa provides for the developmental duties of municipality and it states that a
municipality must:
• structure and manage its administration, and budgeting and planning process
to give priority to the basic needs of the community, and to promote the social
and economic development of the country
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• participate in national and provincial development programmes.
These duties are indicative of the fact that the municipalities should strive to bring
development in their communities. This developmental approach is rooted in the
philosophy of a people-centred approach. Roodt (2001:469-481) and Meyer and
Theron (2000:1-6) provide a framework for a people-centred approach for
developmental local government that includes the following:
• a bottom up planning strategy
• a basic needs orientation to poverty alleviation
• a process of capacity building and community empowerment
• sustainability
• strategies that facilitate self-sufficiency
• a participatory action-research intervention
• a learning organisation which promotes the human dignity of people
The above points are indicative of the fact that local governments are supposed to be
developmental in that they should address people’s needs and problems. These points
also illuminate the most important element that relates to citizen involvement or
participation where the community takes part in local government processes. This
calls for municipalities to cooperate with citizens in the development of their
respective areas. As Buccus et al (2007:3) indicate, participation in local government
has the potential to enhance development and service delivery, make governance
more effective and deepen democracy. This section has looked at an overview of
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citizen participation and local government. The next section looks at the rationale for
local government in South Africa.
5.3 THE RATIONALE FOR LOCAL GOVERNMENT IN SOUTH AFRICA
Local government can be established for many reasons. There are both theoretical and
constitutional reasons why local government has been established in South Africa.
Most democratic countries have established local governments. This section discusses
the rationale for local government as it applies to most countries. Therefore, these
reasons also apply to South Africa. Hilliard (1996:3-10) states reasons why local
government exist.
• Essential service supplier:
The basic theory of local government is premised on the assumption that local
government is a sphere of government established with a view to bringing
services to the people (Van Der Waldt, 2001:4). As such the type of services
the local government or the municipality is expected to provide are normally
essential services. This includes the provision of water, infrastructure and
security. According to Hilliard (1996:3) one of the main reasons why local
government exists is to supply inhabitants with those services that private
enterprise is either unwilling or unable to provide because the services may
have to be delivered on a non-profit or break-even basis. Therefore, it means
the local government will provide such services without discrimination in
terms of wealth and the ability of the citizens in a particular community.
A municipality is supposed to know the essential services the community may
need and to do this, it has to consult its citizens. As Hilliard (1996:3)
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comments ‘it is only through consultation and negotiation with the affected
communities that the authorities will be able to ascertain the real needs and the
justified expectations of the inhabitants’. This requires a great deal of
commitment from the municipality because in countries such as South Africa,
where there is a heterogeneous society, assessing the essential services may be
difficult to the extent that what is essential for one particular community may
not be for another. This process of establishing the essential services in a
particular municipality requires sound knowledge of the municipality and the
people being served. As Hilliard (1996:3) states, ‘this sort of deliberation
requires good negotiation skills and knowledge of a complexity of the South
Africa population’.
• Communal- needs satisfier:
Another reason why municipalities exist in South Africa is that they have to
make sure that communal needs are satisfied. In the same way, communal
needs differ from one municipality to another. For example, one municipality
may need provision of footbridges while another may need railways and
electricity. This means there are specific needs for the particular municipality
and these should be rendered for that area only. A municipality may levy
charges in order to provide such needs and regulate their usage. According to
Hilliard (1996:3) ‘such services can be provided on an area-wide basis- that is,
bulk provision is feasible. Therefore, most local authorities can standardize the
provision of such services and charge the consumer a fixed rate, or use some
sort of mechanical or electrical metering device to calculate consumption.
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Moreover, if services are standardized, the minimum quality of the goods or
services can be set, monitored and maintained’.
The municipality will still have to know exactly what these communal needs
of an area are. Hilliard (1996:4) maintains that ‘to ascertain what these
communal needs are requires concerted consultation with community-based
organizations’. Such consultations can help the municipality to understand if
there is a communal need since community based-organisations are widely
known in communities and always deal with societal needs. Along with
communal needs, there are unique needs the municipality or local government
has to satisfy.
• Unique needs suppliers:
Local government or municipalities are tasked with the provision of unique
needs to communities. This is because most communities in South Africa are
not equal in terms of development. Cloete (1989:51) states that ‘because some
urban areas could differ both physically and demographically, local authorities
are usually forced to cater for the unique requirements of such urban areas-
that is, a few of the essential services that cannot be classified as routine or
general and will not therefore be standardized’. There are many causes for
certain communities to have unique needs. Hilliard (1996:4) provides a
summary of examples that dictate unique needs in South Africa. For example:
‘…coastal cities usually have needs that are different from those of the inland towns
or rural communities. Furthermore, climatic conditions prevailing in the inland areas
may differ markedly from those of the coast. Because South Africa has these vastly
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contrasting types of climates, the building regulations and the municipal by-laws may
differ substantially from one area to another. Some towns and cities may be plagued
by high humidity, dry rot and white ants, while in other areas lightning and hail pose
problems. Coastal resorts usually cater for the tourist trade which could be perennial
while inland towns may only have seasonal or sporadic tourist appeal’ (Hilliard,
1996:4).
In order for the municipality to know what their unique need is, it has to
consult the citizens living in those areas that have such needs. There are some
citizens who can help either with the provision of such needs or with the ideas
as to how the municipality could best address them. This could be done by the
area chiefs, academics or researchers.
• Urbanisation regulator:
According to Hilliard (1996:5) in South Africa rapid urbanisation has become
a major source of concern. Normally rapid urbanisation is caused by factors
such as a lack of employment opportunities, basic amenities and service
delivery in the rural areas. This situation presents both challenges and
difficulties to the citizens so that they are forced to migrate to urban areas in
search of better life opportunities. For Hilliard (1996:5) local authorities are
usually those institutions which have to address the difficulties posed by
unrestrained urbanisation because the central and regional/provincial tiers of
government are either precluded from _ or unable to handle –those issues
peculiar only to the local level. This means the municipalities are bound to
bring services and general development to the rural areas in order to
discourage people in rural areas from migrating to urban areas.
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• Democracy developer:
One of the reasons why local government exists is to foster democracy. In
terms of Section 152(1) of the Constitution of South Africa, local governments
are to provide democratic and accountable government. This means that in
democracy can be fostered through local government. Local government can
enable citizens to have an opportunity to govern: it can foster democracy in
two intertwined ways. Firstly, it is through the process of free and fair
elections where citizens are given power to elect their councillors or
representatives (Ismail, 1998:4). These councillors are expected to serve the
interests of the citizens in particular areas or municipality. This means if the
councillors do not serve the citizens, they can be voted out of office. As
Hilliard (1996:4) demonstrates, should the councillors ‘not keep their
electioneering promises, the inhabitants would be able to oust such persons
from office in the next municipal election’.
The second way through which democracy is fostered in local government is
through the process of citizen participation, especially in the policy and
planning process. According to Cloete (1993:180) ‘to entrench democratic
principles at the local level will require a vast array of citizens participating in
the democratic process; however, this process of participation will
simultaneously have to be accompanied by tolerance and mutual respect for,
without political tolerance, democracy cannot thrive’. Local government can
foster democracy through the process of elections and by making use of
citizen participation in the policy and planning process. For Geldenhuys
(1996:17) ‘democracy at local government is concerned with the political
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system based on aspects such as citizen participation, majority rule,
consultation and discussions, as well as the responsibility of leaders to give
guidance’.
• Responsiveness and accessibility enhancer:
Local government has the potential of ensuring that there is interaction
between citizens and the councillors. This is one of the reasons why local
government is established in contrast to central government where there is
little or no interaction between citizens and members of parliament (MP). For
Hilliard (1996:8) ‘a strong system of local government endears these
representatives to the electorate; it may even be possible for the Member of
Parliament (MP) personally to visit the voter’. This means local government
can make councillors accessible to the electorate since they live in the
community, making it possible for councillors to respond quickly to people’s
needs. Hilliard (1996:8) supports this view by stating that ‘because the local
authority is in close contact with the citizens, there are not only increased
expectations, but also visible results that prove that the matter has been
attended to promptly’.
Hilliard (1996:8) also states that ‘it is thus essential for all local authorities to
keep abreast of the actual needs of the local inhabitants so that they do not
govern by surmise, but base their governing function on the day – to - day
realities at the local level. This is why local authorities should always strive to
maintain cordial relations with - and be accessible to the community, so as not
to become unsympathetic towards local needs’.
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From the above it can be seen that there should be close consultation between citizens
and local government. Citizen participation as highlighted by Hilliard (1996:7) should
constantly be encouraged either in the form of consultation or involvement.
The next section will looks at the constitutional consideration for local government in
South Africa
5.4 LOCAL GOVERNMENT IN TERMS OF THE CONSTITUTION OF
SOUTH AFRICA
Local government in South Africa is well entrenched in the Constitution of South
Africa and in other of legislation. Chapter seven of the Constitution provides
specifically for local government in South Africa and matters connected to it. Section
152(1) of the Constitution lists the objects of local government as:
• to provide democratic and accountable government for local communities
• to ensure the provision of services to communities in a sustainable manner
• to promote social and economic development
• to promote a safe and healthy environment
• to encourage the involvement of communities and community organisations in
matters of local government
The gist of these objectives of local government is to promote development in
municipalities. In this research these objectives are summarised in terms of service
delivery and democracy with emphasis on citizen participation. The point covering
the issue of democracy and hence citizen participation in local government in South
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Africa is point (e) in section 152(1) of the Constitution which states ‘to encourage the
involvement of communities and community organizations in matters of local
government’. This point provides the basis for citizen participation in local
government in South Africa. It is upon this point that subsequent legislative
frameworks and policies were enacted to further provide for citizen participation in
local government. As Van der Molen et al (2001:71) state, ‘South Africa has formally
institutionalized citizen participation in local government through the Integrated
Development Plan’. The role and function of the Integrated Development Plan will be
discussed in detail later in this chapter. Next an overview will be provided of how
citizen participation is promoted in local government through the different legislative
frameworks that exist.
5.5 LEGISLATIVE FRAMEWORKS FOR CITIZEN PARTICIPATION IN
LOCAL GOVERNMENT
The legislative frameworks for example, the Constitution of South Africa, the
Municipal Systems Act No: 32 of 2000 and the Draft National Policy Framework for
Public Participation, 2005 are meant to make sure that citizen participation in local
government becomes mandatory and a constitutional right of citizens. As Van der
Waldt (2007:40) writes ‘in order to regulate interactions between the state and the
civil society, national government has created policies and legislation and put
mechanisms in place to create an enabling environment for meaningful participation’.
The absence of these frameworks could impede the proper implementation of citizen
participation in municipal government. Therefore they are pertinent for ensuring that
citizen participation in local government is well regulated. The Constitution of South
Africa provides the foundation for citizen participation and local government. There
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are other legislative frameworks that make important reference for citizen
participation in local government including those that follow.
5.5.1 White Paper on Transforming Public Service Delivery (1997)
The White paper on the Transformation of Public Service Delivery, the Batho Pele
White Paper, is one of the legislative frameworks for citizen participation in local
government. This white paper provides mechanisms which enable state machinery to
optimise the provision of services to all citizens.
Batho Pele is defined as an initiative to make public servants service orientated, to
strive for excellence in service delivery and to commit to continuous service delivery
improvement (Batho Pele handbook, 2002:8). This white paper contains eight
principles central to transforming public service delivery. These principles contain a
strong connotation with citizen participation in local government. However, the first
principle which is ‘consultation with the public as client’ specifically relates to citizen
participation. This principle demands that the municipality should consult the public
on a number of issues. For example, the municipality may consult citizens on the
services required, and the levels and quality of services required. It also means that
the municipality should give citizens a say on goods and services required. This
principle generally proposes that citizens be consulted by the municipality in terms of
services to be delivered for them.
Having looked at the principles enshrined in the Batho Pele or White Paper on
Transforming Service Delivery, the study looks at White Paper on Local Government
of 1998 next.
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5.5.2 White Paper on Local Government, 1998
The White Paper on Local Government was promulgated in 1998. Van der Waldt
(2007:41) writes that ‘a significant step forward was taken when the White Paper on
Local Government was published, since it provided a new vision of a developmental
local government system’. The new vision being encapsulated by this White Paper
recognises the working relationship between local government and local communities
in finding sustainable ways to meet their needs and improve their quality of life. In
realising this vision, the white paper provides three approaches to assist municipalities
to become development-oriented. These are:
• Integrated development planning and budgeting
• Performance management
• Working together with local citizens and partners.
Of these approaches, the last emphasises that the municipality should strive to work
together with local citizens and partners. Put differently, this White Paper calls for the
municipalities to allow citizen participation in development endevours. It gives effect
to section 152(1)(e) of the Constitution of South Africa which provides for the object
of local government. This is because in order for a municipality to bring development
to communities, it must work together with local citizens and partners because they
are affected by the policies of the municipalities and are the users of services
provided.
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The White Paper further suggests the ways in which the municipalities can engage
citizens and community groups in the affairs of the municipalities namely with ward
committees, budget consultations and integrated development planning forums.
The next legislative framework considered is the Municipal Structure Act of 1998.
5.5.3 Municipal Structure Act 117 of 1998
The Municipal Structure Act covers aspects relating to citizen participation in local
government. It was established with the purpose of regulating the internal systems,
structures and office-bearers of municipalities. The most important aspect of this act
is that it provides for the establishment of a distinctive committee that can act as
avenue for citizen participation in local government.
Finally, the act allows the Municipality to establish other committees as it deems
necessary. According to Section 79(1)(a) of the Municipal Structures Act, 1998 ‘the
municipal Council may establish one or more committees necessary for effective and
efficient performance of any of its functions or the exercise of any of its powers’. This
means there can be as many committees as possible depending on the consideration of
the council. The net - effect of this is that whenever such committees are established,
it creates and broadens the scope for citizen participation in municipal affairs.
The Local Government: Municipal Systems Act 32 of 2000 will be looked at next.
5.5.4 Municipal Systems Act 32 of 2000
The general gist of this act provides for effective systems of local government with a
view to establishing an enabling legal framework to regulate the behaviour of the
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municipalities and local communities. For the purpose of this research, the aspects
that are most relevant to citizen participation and local government are expressed in
the Municipal Systems Act 2000 and include the following:
• to provide for core principles, mechanisms and processes that are necessary to
enable the municipalities to move progressively towards social and economic
upliftment of local communities, and to ensure universal access to essential
services that are affordable to all
• to define the legal nature of a municipality as including the local community
within the municipal area, working in partnership with the municipality’s
political and administrative structures
• to provide for the manner in which the municipal functions are performed and
exercised; to provide for community participation
• to establish a simple and enabling framework for the core processes of
planning, performance management, resource mobilisation and organisational
change that underpins the notion of the developmental local government.
The Municipal Systems Act 2000 outlines community (citizen) participation as one of
the focal areas. The act stipulates that there is a need for active participation of the
community in the affairs of the municipality, especially in planning processes and
service delivery. This is expressed in one of the preambles to the act which states that
‘whereas a fundamental aspect of the new local government system is the active
engagement of communities in the affairs of the municipalities of which they are an
integral part, and in particular to planning service delivery and performance
management’. The act further defines the rights and duties of the municipalities in
Chapter 2 section 4(2), which gives the financial and administrative capacity of the
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municipality. In terms of this section, the municipality should strive to encourage the
involvement of the local community and consult the local community in terms of the
level, quality and range of services offered by the municipality.
Furthermore, the Municipal Systems Act, 2000 outlines the rights and duties of the
members of the local community. In terms of section 5(1) of Chapter 2 of the act, the
members of the community have the right and duty to, through mechanisms and in
accordance with the processes and procedures stipulated in the act, ‘contribute to the
decision making process of the municipality and to submit written or oral
recommendations, representations and complaints to the municipal council, or to
another political structure or a political office bearer or the administration of the
municipality’. This is an indication that citizen participation is not an issue of
discretion but is something citizens should exercise as provided in the act.
Chapter 4 section 16(1) of the act specifically deals with community participation and
provides that the ‘municipality must develop a culture of municipal governance that
complements formal representative government with a system of participatory
governance’. Pursuant to this, section 16(1)(a) of the act provides that the
municipality must encourage and create conditions for the local community to
participate in the affairs of the municipality. Section 16(1)(b) of the act provides for
the municipality to build capacity for the local community to enable it to participate in
the affairs of the municipality and for councillors and staff to foster community
participation. Moreover, the act, in terms of this chapter, identifies mechanisms,
processes and procedures for community participation and communication of
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information between the municipality and the local community with regard to
community participation.
The act provides the necessary framework for making the community actively
participate in local government. The Promotion of Access to Information Act of 2000
will be looked at next.
5.5.5 Promotion of Access to Information Act 2 of 2000
This act was promulgated to give effect to section 32 of the Constitution of South
Africa which stipulates the right of citizens to access any information held by the
state. The purpose of the Promotion of Access to Information Act 2000 is to foster a
culture of transparency and accountability in public institutions and in any
municipality in the local sphere of government. The second purpose of the act is to
promote a society in which citizens have access to information in order to empower
themselves to exercise and protect their democratic rights. The right to information is
one of the indispensable rights that help the individual citizen have knowledge about
his/her community. This act binds the municipality to ensure that citizens are well
informed about issues concerning their community. Citizens can meaningfully
participate if they have enough information regarding the local, economic,
administrative and the developmental issues concerning their local municipality.
In putting this act into effect, the municipality should make provision for the
availability of documentation and records. This calls for the municipalities to have a
specialised person known as an Information Officer. This is provided for in Chapter 1
part 2 of the Promotion of Access to Information Act (2000) which states that
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information officers should develop guidelines to assist citizens who request
information, and should also make provision to deny access to restricted or private
information. Although it is the constitutional right of every citizen to obtain
information that can help him or her to make an informed choice, not all information
can be divulged to citizens. Citizens should therefore understand that there is
information that they cannot and will not easily access and such information is
normally treated as restricted.
5.5.6 Draft Policy Framework for Public Participation of the Department of
Provincial Local Government (DPLG) (2005)
This policy framework has been developed by the Department of Provincial and Local
Government to deal with matters related to citizen participation in local government.
As contained in the summary of the policy, ‘this document provides a policy
framework for public participation in South Africa. This builds on the commitment of
the democratic government to deepen democracy, which is embedded in the
Constitution of South Africa and above all in the concept of local government as
comprising the municipality and the community’ (Draft Policy Framework for Public
Participation, 2005:1). This policy document provides two interrelated definitions of
citizen participation: it defines participation as ‘an open accountable process through
which individuals and groups within selected communities can exchange views and
influence decision making’. It further defines participation as ‘a democratic process of
engaging people, deciding, planning and playing an active part in development and
operation of services that affect their lives’ (Draft Policy Framework for Public
Participation, 2005:2).
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The policy document further lists the basic assumptions underlying participation in
local government. These assumptions are as follows:
• Public participation is designed to promote values of good governance and
human rights.
• Public participation acknowledges a fundamental right of all people to
participate in the governance system.
• Public participation is designed to narrow the social distance between the
electorate and the elected institutions.
• Public participation requires recognising the intrinsic value of all people and
investing in their ability to contribute to governance processes.
• People can participate in a number of ways, for example, as individuals,
interest groups or communities.
• In South Africa, in the context of public participation, the community is
defined as a ward, with elected ward committees
• hence ward committees play a central role in linking elected institutions, the
people, and other forums of communication such the izimbizo, road shows and
through the makgotla system reinforce these linkages with communities (Draft
Policy Framework for Public Participation 2005:2-3)
Apart from these assumptions about public participation, the policy further provides
the basic principles that should guide public participation in South Africa in order to
make it a reality. These principles include the following aspects (Draft Policy
Framework for Public Participation 2005:6-7):
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• Inclusivity - embracing all views and opinions in the process of community
participation.
• Diversity - during a community participation process it is important to
understand the differences associated with race, gender, religion, ethnicity,
language, age, economic status and sexual orientation. These differences
should be allowed to emerge and where appropriate, ways sought to develop a
consensus. Planning processes must build on this diversity.
• Building community participation – capacity-building is the active
empowerment of role players so that they clearly and fully understand the
objective of public participation and may in turn take such actions or conduct
themselves in ways that are calculated to achieve or lead to the delivery of the
objectives.
• Transparency - promoting openness, sincerity and honesty among all the role
players in a participation process.
• Flexibility - the ability to make room for change for the benefit of the
participatory process. Flexibility is often required in respect of timing and
methodology. If built into the participatory processes upfront, this principle
allows for adequate public involvement, realistic management of costs and
better ability to manage the quality of the output.
• Accessibility – at both mental and physical levels - collectively aimed at
ensuring that participants in a public participation process fully and clearly
understand the aim, objectives, issues and methodologies of the process, and
are empowered to participate effectively. Accessibility ensures not only that
the role players can relate to the process and the issues at hand, but also that
they are, at the practical level, able to make their input into the process.
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• Accountability - the assumption by all the participants in a participatory
process of full responsibility for their individual actions and conduct as well as
a willingness and commitment to implement, abide by and communicate as
necessary all measures and decisions in the course of the process.
• Trust, commitment and respect - trust is required in a public participatory
process. Invariably, trust is used to refer to faith and confidence in the
integrity, sincerity, honesty and ability of the process and those facilitating the
process. To do public participation in a rush without adequate resource
allocations will undoubtedly be seen as a public relations exercise likely to
diminish the trust and respect of the community in whoever is conducting the
process in the long term, to the detriment of any public participation processes.
• Integration – that public participation processes are integrated into mainstream
policies and services, such as the IDP process or service planning.
The South African government is committed to improving and promoting citizen
participation in local government (Draft National Policy Framework for Public
Participation, 2005:1). In terms of the Draft National Policy Framework for Public
Participation, (2005:1) there are four reasons why public (citizens) participation in
local government is promoted namely:
• Firstly, public participation is encouraged because it is a legal requirement to
consult citizens
• Secondly, it is promoted in order to make development plans and services
more relevant to local needs and conditions
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• Thirdly, participation is encouraged in order to hand over responsibility for
services and promote community action
• Lastly, public participation can be encouraged to empower local communities
to have control over their own lives and livelihoods.
This policy document provides a comprehensive framework stating how best the
process of citizen participation in local government in South Africa can be
implemented and promoted. It contains many aspects that can guide local government
officials and the community on how to best interact and implement the process of
participation.
The legislation mentioned above is relevant to public participation not only because it
provides the framework for citizen participation in local government but also because
it stipulates the need for the municipality to ensure that citizens take part in various
areas of service delivery and development. The legislation is important because it
gives citizens the right to participate as well as making the municipalities obliged to
ensure participation. As Van der Waldt (2007:40) indicates ‘legislation can be
regarded as a collection of rules devised by and enforced by a government that has
authority over its citizens. Legislation does not only establish punishments for citizens
who break the government rule but also more importantly ensures that government
bodies such as municipalities, adhere to the spirit and stipulations of particular
legislation in the design and execution of policy programmes’.
The next section examines structure for participation in local government in South
Africa.
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5.6 THE STRUCTURE AND INSTRUMENTS FOR PARTICIPATION IN
LOCAL GOVERNMENT IN SOUTH AFRICA
The government of South Africa is committed to ensuring that citizen participation
becomes a practice. This is reflected in the acts and white papers as has been
discussed above. Linking to the above information, this section attempts to explore
structures within which citizen participation in South Africa is instituted and therefore
pays attention to the structures and mechanisms employed in implementing citizen
participation in South Africa, for example, ward committees.
5.6.1 Ward committees
Smith (2008:4) states that ‘since 2001 ward committees have emerged as key
institutional mechanisms intended to contribute towards bringing about people-
centred, participatory and democratic local governance’. Ward committees became a
bridge between local government and the community. On the one hand, ward
committees were regarded as a vehicle for allowing communities the chance to
participate in local government. On the other hand, ward committees were seen as
structures appropriate for enabling the community to access the administrative
structures of the municipality and hence influence decision making. These are some
of the reasons stated for the existence of ward committees. As Smith (2008:4) states
‘the rationale of ward committees is to supplement the role of elected councillors by
creating a bridge between the communities and the political and administrative
structures of the municipalities’.
The role and place of the ward committee attracted interest from different sectors of
society. This point is supported by Smith (2008:5) who states that ‘ward committees
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have been the focus of considerable attention by the government as well as civil
society, with substantial investment already made in attempts to ensure that these
structures have the necessary capacity and resources required for them to fulfil their
envisaged role as the voice of communities’. Ward committees are the central
structures through which citizens can participate in local government.
Ward committees are the statutory structures established in terms of Chapter 4 part 4
of the Municipal Structure Act, 117 of 1998. This act provides for the establishment
of ward committees in every ward within a municipality. In terms of section 72(3) of
the Municipal Structure Act, ‘the object of a ward committee is to enhance
participatory governance in local government’. Moreover, according to section 73(1)
of the act ‘if a metro or local council decides to have ward committees, it must
establish a ward committee for each ward in the municipality. This will result in every
ward having its own committee where citizens residing within that area are be able to
participate in the affairs of the municipality. The Municipal Structure Act, 117 of
1998 further provides the composition of the ward committee. In terms of section
73(2) of the act, ward committees should consist of the councillor representing the
ward in the council, who must be the chairperson of the ward committee, and not
more than 10 other persons.
In June 2005 guidelines for the establishment and operation of municipal ward
committees were gazetted by the Department of Provincial and Local Government
(Notice 965 of 2005). In terms of these guidelines, ward committees are regarded as
structures meant to enhance participatory democracy in local government. This
guideline describes a ward committee as:
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• an advisory body
• a representative structure
• an independent structure
• an impartial body that must perform its function without fear, favour or
prejudice
According to Van der Waldt (2007:41) ward committees can also improve
communication between the municipal council and the local community, and play a
role in identifying community needs and fine-tuning municipal programmes to
accommodate local circumstances. In this regard, the guidelines as mentioned above
offer some powers and duties that the municipality can delegate to the ward
committee. These include:
a) to serve as an official specialised participatory structure in the municipality
b) to create formal unbiased communication channels as well as cooperative
partnerships between the community and the council through:
• advising and making recommendation to the ward councillors on matters
and policy affecting the ward
• assisting the ward councillor in identifying the challenges and needs of the
residents
• disseminating information in the ward concerning municipal affairs, e.g.
the budget, the IDP, the performance management system and service
delivery options
• receiving queries and complaints from the residents concerning the
municipal service delivery, communicating this to council and providing
feedback to the community on council response.
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• ensuring constructive and harmonious interaction between the
municipality and the community through the use and co-ordination of ward
residents meetings and other community development forums
• interacting with other forums and organisations on matters affecting the
ward
c) to serve as a mobilising agent for community action within the ward (for
example, ensuring the active participation of the community in service
payment campaigns, IDP, and budget processes and decisions about municipal
services and by-laws).
d) Providing a platform for communities to engage with municipalities thereby
enhancing accountability and good governance.
In terms of the above points, it becomes evident that ward committees are the
interface through which citizens and municipal council or local government can meet
and discuss community issues. According to Buccus and Hicks (2007:526) ‘ward
committees are a key component of community-based involvement- presenting both a
solution and a challenge. When there is reference to community participation in local
government, we are directed to a ward committee as the vehicle for engaging
communities in municipal decision making’.
Ward committees can therefore be identified as structures through which citizens can
easily participate in local government. KwaZulu-Natal provincial government drafted
a Community Participation Framework (KZN-DCPF) (2005:79) that identifies and
discusses various other structures besides ward committees that can be used in a
municipality. As expressed in Chapter 4 of the document (Community Participation
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Framework, 2005:79), a ward committees is regarded as the preferred vehicle for
promoting community participation in local government.
However, the following structures can also be considered. These include: IDP forums,
stakeholder forums, advisory committees, traditional councils as well as consultative
sessions by recognised and appropriate community based organisations. These
structures can supplement the ward committee with regard to the municipalities’
operations.
5.6.2 The Integrated Development Plan (IDP)
According to Pauw, Woods, Van der Linde, Fourie and Visser (2009:281) ‘it can take
the municipal council six to nine months to develop an IDP. The main reason is that
the IDP is interactive and participatory in nature and therefore requires inputs from
various role players and stakeholders. These role players include officials, councillors,
stakeholders such as community members and non-governmental organisations as
well as the national and provincial departments. As far as the community/residents are
concerned, the principle of public participation is crucial to ensure that the needs and
requirements of the community are addressed within the IDP’.
The Integrated Development Plan has been defined differently by scholars and
institutions. According to the Department of Provincial and Local Government
(2002:i) the IDP is a five-year strategic development plan for a municipality which
serves as the principal strategic management instrument, legislated by the Municipal
Systems Act, 32 of 2000 and which supersedes all other plans that guide development
at local level. SALGA (2002:2) defines an IDP as a participatory planning process
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aimed at integrating sectoral strategies in order to support the optimal allocation of
scarce resources between sectors and geographic areas and across the population in a
manner that promotes sustainable growth, equity and the empowerment of the poor
and the marginalised.
It can be deduced from the above that the IDP is a continuous process involving the
municipality and the community and it attempts to integrate strategies from different
sectors of society. Moreover, the element of participation can be inferred since the
community and the municipality come up with development plans bearing different
strategies to promote sustainable growth and respond to the challenges of the
community. According to Ntlemeza (2007:40) an IDP is not only a plan. It is also ‘a
strategic instrument, a management tool, a method of running a municipality. It
provides a framework for all activities of a municipality’.
An IDP is legislated in terms of Chapter five of the Municipal Systems Act, No: 32 of
2000. In terms of section 26 of the act, the IDP must reflect:
• the municipal council’s vision for the long term development of the
municipality with special emphasis on the municipality’s most critical
development and internal transformation needs
• an assessment of the existing level of development in the municipality, which
must include an identification of communities which do not have access to
basic municipal services
• the council’s development priorities and objectives for its elected term,
including its local economic development aims and its internal transformation
needs
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• the council’s development strategies which must be aligned to any national or
sectoral plans and planning requirements binding on the municipality in terms
of legislation
• a spatial development framework which must include the provision of basic
guidelines for a land use management system for the municipality
• the council’s operational strategy
• applicable disaster management plans
• a financial plan, which must include a budget projection for at least the next
three years
• the key performance indicators and performance targets
As seen previously, an IDP is a consultative process which must be done according to
the needs of the community. Section 29 of the Municipal Systems Act, of 2000
indicates the process to be followed in order to come up with an IDP. In terms of
section 29 of this act, process followed by the municipality to draft its integrated
development plan, including its consideration and adoption of the draft plan, must
allow for:
• the local community to be consulted on its development needs and priorities
• the local community to participate in the drafting of the integrated
development plan
• organs of state, including the traditional authorities and other role players to be
identified and consulted on the drafting of the integrated development plan
• the identification of all plans and planning requirements binding on the
municipality in terms of the national and provincial legislation
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The IDP is an instrument that can be used to enhance citizen participation in local
government. According to the City of Johannesburg (2005:1) an IDP is a planning
process, which combines legislative requirements, stakeholders’ needs, political
priorities, intergovernmental alignment, budget parameters, institutional capacities,
strategic management and implementation. In terms of section 29 of the Municipal
System Act, No: 32 of 2000 the local community must be consulted and they must
participate in the integrated development plan. This ideally means that an IDP can
enhance citizen participation in local government. For Robino (2009:179) an IDP is a
consultative process that is conceived to strengthen democracy, and it forms the basis
for community engagement between the local government and the community at local
level as well as various stakeholders and interest groups.
The performance management system will be looked at next.
5.6.3 The Performance Management System (PMS)
According to Robino (2009:179) ‘involving communities in developing municipal
key performance indicators increases the accountability of the municipality. It is
argued that whatever the priorities are, by involving communities in setting key
performance indicators and reporting back to communities on performance,
accountability is increased and public trust in the local government system enhanced’.
A performance management system is one of the instruments that can be used to
enhance participation in local government. A performance management system
should be related to the integrated development plan in that it determines the success
or failure of the IDP.
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According to Ntlemeza (2007:56) ‘performance management is a system that is used
to make sure that all parts of the municipality work together to achieve the goals and
the targets that are set’. The goals and the targets are outlined in the IDP where it is
expected that these plans will be implemented to achieve development in
communities. This means there has to be a clear and concrete performance
management system that will help the municipality to reach its goals. Therefore, a
performance management system is required to measure and ensure the success of the
IDP (Ntlemeza, 2007:54).
According to the White Paper on Local Government (1998:17), performance
management is critical in ensuring that plans are being implemented, that they are
having the desired development impact and that resources are being used efficiently.
Citizen participation in this regard is essential in that the community needs to be part
of the development that the municipality should bring. This also means that the
citizens should participate in the formulation and implementation of the performance
management system.
In this regard, Ntlemeza (2007:58) argues that ‘in developing its performance
management system a municipality must ensure that the system complies with all the
requirements set out in the act, demonstrate how it will operate and be managed from
the planning stage up to the stage of performance review and reporting, clarifies the
roles and the responsibilities of each role player, including the local community in the
functioning of the system, clarify the processes of implementing the system within the
framework of the integrated development planning process; determine the frequency
of reporting and the lines of accountability for performance, relate to the
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municipality’s employee performance management processes, and provides for the
procedure by which the system is linked to the municipality’s integrated development
planning processes’.
In terms of the Municipal Systems Act, 32 of 2000, the municipality must develop a
culture of community participation in various areas of local government. In terms of
section 16 of the Municipal Systems Act, 32 of 2000, a municipality must develop a
culture of municipal governance that complements formal representative government
with a system of participatory governance and must for this purpose, encourage and
create conditions for the local community to participate in the affairs of the
municipality, including in the establishment, implementation and review of its
performance management system in terms of Chapter 6 of the Municipal Systems
Act,32 of 2000 as well as the monitoring and review of its performance, including the
outcomes and impact of such performance.
As such even in a performance management system, citizens are expected to
participate. Section 42 of the act focuses on community involvement in performance
management. It provides that ‘a municipality, through appropriate mechanism,
processes and procedures must involve the local community in the development,
implementation and review of the municipality’s performance management system
and in particular, allow the community to participate in the setting of appropriate key
performance indicators and performance measures for the municipality’(Chapter 6 of
the Municipal Systems Act,32 of 2000).
The municipal budget processes follow next.
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5.6.4 The municipal budget processes (MBP)
The municipal budget is one of the instruments used to enhance citizen participation
in local government. According to Ntlemeza (2007:49) municipal budgets are critical
tools for refocusing the resources and the capacity of the municipality beyond the
developmental goals. This is because the municipality can never achieve anything
without a clear indication of money or resources needed to implement its plans. This
implies that the municipal budget is made in response and relation to the integrated
development plan. As Ntlemeza (2007:49) indicates, budgets must be developed in
relation to the policies and programmes put forward in the IDPs.
As has been seen in the previous section, the community is expected to participate in
the formulation of the IDP. In the same manner, it is important for the community to
participate in the municipal budgeting processes. Ntlemeza (2007:49) argues that
‘given that the resources are scarce, community participation in the development of
municipal budget is essential. Participation provides an opportunity for community
groups to present their needs and concerns’.
Citizen participation in municipal budgeting processes is a legislated phenomenon.
Section 153(a) of the Constitution of South Africa 1996 states that one of the
developmental duties of a municipality is to structure and manage its administration,
budgeting and planning process to give priority to the basic needs of the community
and to promote social and economic development programmes. Moreover, section 22
of the Municipal Finance Management Act, 2003, 56 of 2003, requires that
immediately after the annual budget is tabled in a municipal council, the accounting
officer of the municipality must in accordance with Chapter 4 of the Municipal
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System act make public the annual budget and the documents referred to in section
17(3) of the Municipal System Act and invite the local community to submit
representations in connection with the budgets.
Having looked at the structures and instruments for enhancing citizen participation in
local government in South Africa, the next section looks at the mechanisms that can
be used to foster citizen participation in local government.
5.7 MECHANISM FOR FOSTERING CITIZEN PARTICIPATION IN LOCAL
GOVERNMENT
There are mechanisms that the municipality can use to foster citizen participation in
South Africa. In terms of section 17(2) of the Municipal System Act No: 32 of 2000 a
municipality must establish appropriate mechanisms, processes and procedure to
enable the local community to participate in the affairs of the municipality and must
for this purpose provide for:
• the receipt, processing and consideration of petitions and complaints lodged
by members of the community
• notification and public comment procedures when appropriate
• public meetings and hearings by the municipal council and other political
structures and office bearers of the municipality, when appropriate
• consultative sessions with locally recognised community organisations and
where appropriate, traditional authorities
• report- back to the local community
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In terms of the Municipal Systems Act section 17(2), as alluded to above, the
municipality must ensure that it puts in place different mechanisms to enable broader
participation of members of the community. Such mechanisms should allow different
groups of citizens to feel free to participate in the affairs of the municipality. For
example, when establishing mechanisms, processes and procedures the municipality
must take into account the special needs of:
• people who cannot read and write
• people with disabilities
• women and
• other disadvantaged groups.
As a result, a range of mechanisms should be put in place that can be used by the
municipal council. The following mechanisms are the most common ones used in
South Africa.
5.7.1 Open council meetings (OCM)
Council meetings are one of the mechanisms that the municipality can use to foster
and solicit citizen participation. In terms of section 19 of the Municipal Systems Act
2000, ‘the municipal manager of the municipality must give notice to the public in a
manner determined by the municipality council of the time, date and venue of every
ordinary meeting of the council and special or urgent meeting of the council except
when time constraints makes this impossible’. It is in this meeting that citizens are
afforded the opportunity to express their concerns and table their issues to the council.
Citizens should also be timeously informed that they can contribute to whatever
matters the council discusses. According to Van der Waldt (2007:38) ‘opportunities
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must be created for stakeholders (including ordinary citizens) and role players to
participate in councils’ budgeting and planning processes and it should be made
known how they can contribute’.
In terms of section 20 of the Municipal Systems Act, 2000, the meetings of the
municipal council and its committees are open to the public and the media. Normally
the media is one of the mediums through which information disseminates quickly and
widely. The advantage of inviting the public and the media is that the affairs of the
council will reach a wide range of citizens and hence attract participation. The council
can create a special relationship with the media as this can have the potential to
advance citizen participation. As Van der Waldt (2007:38) states ‘monthly newsletters
could also be used to emphasize key decisions taken by the council. The council could
lobby a local newspaper to run a regular column on council affairs or constituency
matters. The press should be regularly briefed on the council’s challenges, priorities,
constraints and decisions’.
5.8.2 Imbizos and Kgotlas (public meetings and gatherings)
Imbizos and kgotlas are designed for politicians and officials to meet with, discuss
issues with, listen to, accept criticism from, hear complaints and comments from and
receive complements from the community (Makgoane, 2006, in Van der Waldt,
2007:38). These mechanisms serve as one of the best forums for allowing citizens the
chance to participate. In most cases, the municipality can use imbizos and kgotlas to
get the public interest, especially in the making of an IDP and performance
management system, as well as in the municipal budget.
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Imbizos and kgotlas are meetings organised by officials or council with the purpose of
giving the community information concerning the council. According to Van der
Waldt (2007:38) ‘such meetings are usually called by the authorities and politicians to
inform citizens about the fulfilment of the obligations of and promises made by the
government. They are designed to identify, analyse, prioritize and propose solutions
to the most important problems of the community, and are occasions that assist in
looking for agreement on subjects of national, provincial or local interest’. The
imbizos and kgotlas are important and useful mechanisms for fostering citizen
participation for a number of reasons. According to Van der Waldt (2007:38) they
assist in:
• facilitating citizens’ access to information on public management
• impelling mechanisms of transparency and accountability
• creating a space for citizens to have a voice in the use of public money.
From the above, it can be seen that the imbizos and kgotlas are the most important
mechanisms the municipality can use to foster citizen participation in local
government. The next part outlines other mechanisms that can be used to further
citizen participation in local government
5.7.3 Other mechanisms available
Several other mechanisms can be used to foster citizen participation, include the
following; local media, co-option and committee involvement, complaints register
and suggestion boxes, area or neighbourhood forums, question and answer sessions in
council meetings, opinion polls, co-operation with voluntary and community
organisations, public meetings and hearings, service satisfaction surveys, citizens’
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panels, issue forums, shared interest forums, consensus conferences, deliberative
polling, citizens advisory committees, community planning, notification, distribution
and solicitation of comments, non-governmental organisation (NGO), public relations
officers and focus groups (Van der Waldt, 2007:39). These mechanisms allow a wide
spectrum of citizens to participate in municipal affairs.
The ways and categories of participating in local government will be looked at next.
5.8 WAYS AND CATEGORIES OF PARTICIPATING IN LOCAL
GOVERMENT
According to Nyalunga (2006:3) there are many ways that individual citizens can
participate in local government and influence decision making. These ways depicts
how citizens take part in the local government process. Kabemba (2004:6) provides
three ways through which citizens can participate in local government, namely:
• citizen action, by means of lobbying bodies like parliamentary committees,
public demonstrations and protest
• citizen involvement by means of public hearings, consultation with advisory
committees and attitudinal survey
• electoral participation, by means of casting votes and electing representatives
These ways provides a wide spectrum for citizen participation in South Africa. For
example, citizens can lobby bodies such as parliamentary committees. According to
Nyalunga (2006:3) ‘lobbying is mainly used by organizations to persuade politicians
to support their position on a particular issue. Councillors can use lobbying to try to
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persuade committees, the mayor and other parts of government’. In like manner,
citizens can participate actively through public hearings as well as through consulting
the different committees established in local government. These are just some of the
ways citizens can influence and have a say in policies and plans in local government.
5.9 CONCLUSION
This chapter provides an overview of citizen participation in local government in
South Africa. Local government in South Africa is primarily established to bring
development to communities. In the provision of services to citizens, the
municipalities are supposed to work with citizens thereby allowing citizen
participation. Citizen participation in local government is not only a constitutional
right of every citizen in South Africa but it is also regarded as indispensable in the
whole process of service delivery and development. Several legislative frameworks
and guidelines support citizen participation in South Africa. For example, the
Constitution of South Africa, the Municipal Systems Act, the Municipal Structures Act
and the Draft National Policy Framework for Public Participation.
This chapter also provides an overview of the different structures, instruments and
mechanisms that can be used to promote citizen participation. For example, the ward
committee has been seen as the structure through which the process of citizen
participation can take place. The instruments that have been established are the
Integrated Development Plan, performance management systems and the municipal
budget process. Finally, public gatherings and open council meetings have been
established as mechanisms for use to foster and engage citizens in local government.
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The next chapter provides presentation and interpretation of data from the interviews
conducted with various respondents to determine if citizen participation is taking
place with reference to Tsoelikana Community Council and Qacha’s Nek Urban
Council at Qacha’s Nek district in Lesotho.
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CHAPTER SIX
PRESENTATION OF FINDINGS AND INTERPRETATIONS
FROM: QACHA’S NEK URBAN COUNCIL AND TSOELIKANA
COMMUNITY COUNCIL
6.1 INTRODUCTION
It was noticed in Chapter four that the government of Lesotho introduced local
government with a view to ensure and promote citizen participation in local
government. It was also noticed in this chapter that the government is indeed
committed toward promoting citizen participation in Lesotho, since citizen
participation was included in various legislative documents. For example citizen
participation was included in the Constitution of Lesotho 1993, the Local Government
(Amendment) Act of 2004, Vision 2020 as well as in other official documents such as
the Decentralisation Action Plan (2009) and Framework for the Preparation of
National Decentralisation Action Plan (2009).
This chapter will specifically focus on the interviews that were conducted with
various respondents in Lesotho as outlined in Chapter one, as well as provide an
interpretation of data obtained from the interviews. The interviews were conducted in
Qacha’s Nek in the Urban Council and the Tsoelikana Community Council. Apart
from interviews in these two councils, additional interviews were held in Maseru with
the Transformation Resource Centre (TRC) and Development for Peace Education
(DPE), since they are the non-governmental organisations that are operating in all
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districts of Lesotho, including Qacha’s Nek, with regard to local government and
democracy.
This chapter is divided into three consecutive sections. The first section provides an
overview of the data collection strategy and process. Research ethics are also
considered. This is followed by the presentation and interpretation of data from the
interviews.
6.2 PRESENTATION OF DATA OBTAINED FROM THE INTERVIEWS
This section of the research will focus on the information collected from interviews,
and on the methods used to collect information. Since one of the research objectives
as stated in Chapter one is to find out if citizen participation in policy and planning
process is taking place in Qacha’s Nek, this research adopted the qualitative approach.
Qualitative approach was adopted because, as indicated in Chapter one, it studies the
phenomenon in its natural setting. As Denzin and Lincoln (2005:3) state ‘qualitative
research involves an interpretive, naturalistic approach to the world. This means the
qualitative researcher studies things in their natural settings, attempting to make sense
of or to interpret phenomena in terms of the meanings people bring’.
In this case, the researcher studies the phenomenon of citizen participation in local
government in Lesotho with the aim of finding out if it is taking place especially since
the 2005 local government elections. Secondary issues the study set out to find out
about were the importance of citizen participation, and the legislative framework
promoting citizen participation. All the aims and objectives are covered in this
presentation of data from the various respondents interviewed.
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6.3 FACE-TO -FACE-INTERVIEWS
Face-to-face interviews were held with the respondents as outlined in the
methodology section in Chapter one. Interviews were conducted with 26 respondents
who were identified using the stratified sampling technique. The interviews were
logically and consecutively arranged. The interviewees were organised in different
strata derived from different categories of the population residing in Qacha’s Nek.
These are the local councillors, the councils secretaries, the ordinary citizens, the
members of District Planning Unit (DPU), the members of the District Development
Coordinating Committee (DDCC), civil society and non-governmental organisations,
in this case the Transformation Resource Centre (TRC) and Development for Peace
Education (DPE), as well as members from academic and research institutions.
6.4 STRATEGY AND PROCESS OF DATA COLLECTION
Before conducting the interviews, appointments and rapport were made by the
researcher with the interviewees. Firstly, the researcher requested an introductory
letter from his supervisors, stating that he is undertaking the research. Then the
researcher had organised the list of the interviews as reflected in Chapter one. The
sample was arranged and the researcher followed it as it appears in Chapter one. The
researcher also went to the Ministry of Local Government and met the District
Council Secretary (DCS) who authorised a meeting with the councillors and the
council secretaries by stamping the introductory letter and interview schedule from
the supervisor.
Clarification of the purpose of the interviews was given to every respondent. It was
succinctly mentioned that the interviews were for study purpose only. The interviews
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were conducted in four weeks. In some cases, the researcher had to conduct more than
four interviews a day.
While undertaking research, researcher is bound to observe research ethics so that his
research conforms to research requirements. The following section provides the
research ethics the researcher observed while undertaking the interviews.
6.5 RESEARCH ETHICS WHILE UNDERTAKING THE INTERVIEWS
The previous section dealt with the technical part of the research, that is; the
methodology and the techniques of data collection strategy, and the method. In
carrying out social research, one also has to observe the moral side of the research.
According to Singleton (1998:144), when researchers think about how to conduct
research, they must not only consider the right techniques they have learnt, they must
also think about research ethics. Research ethics play an important role in social
research and it is the responsibility of the researcher to observe them. According to
Babbie and Mouton (2003:520), an ethical issue arises out of our interaction with
other people, other beings, such as animals and the environment, especially where
there is potential for a conflict of interests.
This means the moment the researcher embarks on the research he/she must already
be cognisant of ethics to avoid harming or prejudicing the respondents. This is
because the purpose of research is to investigate truth without harming the
respondents. The researcher must observe ethics until the research is complete.
According to Singleton (1998:444) researchers are expected to be completely honest
in observing, analysing and reporting findings and be responsible about the limits and
application of scientific knowledge. The following are some of the ethical
considerations the researcher must bear in mind when undertaking research.
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6.5.1 No harm to subjects (respondents)
It is the responsibility of the researcher to ensure that no harm is done to the subjects
or interviewees. According to Babbie and Mouton (2001:522) social research should
never hurt or injure the people being studied, regardless of whether they volunteer for
the study or not. This means the researcher must be careful when handling the
respondents. In this research, the researcher was careful to ensure that no harm would
be done to the respondents.
6.5.2 Informed consent
According to Terreblanche and Durrheim (1996:66), obtaining consent from the
participants does not merely entail signing a consent form. Consent should be
voluntary and informed. This requires that participants be given full information in a
non-technical and clear explanation of the tasks to be performed by each participant
so that they can make an informed choice before they participate in the research
process. In this research, the respondents were fully informed of the reason for
conducting the research and they all agreed to participate.
Other research ethics that the researcher observed are voluntary participation,
anonymity and confidentiality. All respondents participated voluntarily. Proper
channels for meeting interviewees were followed. Data was analysed in such a way
that certain information was treated as confidential and was carefully recorded.
6.6 DATA ANALYSIS AND INTERPRETATION
For the purpose of analysis, the questions for the interview were determined
beforehand and arranged and organised in such a way that each question forms the
theme that corresponds with the objectives of this research. The analysis is presented
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in such a way that the aim for asking each question is provided. The following
provides the findings as per the set of questions asked.
6.7 PRESENTATION OF FINDINGS IN TERMS OF THE RESPONSES
FROM THE INTERVIEWS
All interviewees were asked the same questions and they answered all the questions.
The findings and interpretation of all questions can be seen below:
6.7.1 General understanding of citizen participation
The respondents were asked firstly about their understanding of citizen participation.
The aim and objective behind asking this question was to get the general and
conceptual understanding of citizen participation.
The respondents provided different responses with regard to this question. Firstly,
some respondents indicated that citizen participation is about citizens influencing the
decisions the government makes at any level of the government. According to one of
the respondents, ‘citizen participation is about or rather a process where citizens are
allowed to take part in the decision making processes that range from policy making,
drafting of plans and even in the implementation of such processes with the purpose
of influencing the decisions the government makes.’ (respondent no.6 Interview 06
October 2012).
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Secondly, other respondents understood citizen participation as ‘a continuous process
whereby citizens are allowed and given a chance to take part in policy formulation,
implementation and evaluation. According to one respondent, citizen participation can
be understood as a continuous, collaborative and interactive process between the
government and the citizens where developmental policies and plans are formulated,
developed, implemented, evaluated and monitored with a view to bettering the lives
of the people in the communities (respondent no.21 interview 02 October 2012).
Thirdly, one of the respondent indicated that ‘citizen participation is understood as a
democratic process where citizens take part in the decision made by government at
any level of government whether central or local government. It is a democratic right
of every citizen to take part in the decision making process that the government makes
in response to community needs. As such, citizens have to participate so that the
government can provide the services needed in the community (respondent no 2
interview, 21 September 2012).
From the above, it can be concluded that citizen participation is understood to be a
democratic right, a continuous and interactive process where citizens take part in the
decision making process such as in policy and plans formulation and implementation
with the purpose of influencing government to bring those services that are needed to
communities. This coincide with the definition by Cloete and Meyer (2006:114) that
defines citizen participation as ‘the involvement of members of the community in
developmental activities in the community in order to; try to influence the outcomes
of those activities and to obtain as many benefits as possible from the results of those
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activities’. Briefly, citizen participation is about citizens taking part in government to
jointly address the community’s needs.
6.7.2 Importance of citizen participation in policy and planning process in local
government in Lesotho
The respondents were asked whether citizen participation is important or not. The
main aim of asking this question was to find out whether the respondents felt that
citizen participation is important or not.
Most of the respondents indicated that citizen participation is important. According to
the district council secretary for Qacha’s Nek district council, ‘citizen participation is
important in two senses. Firstly, it fosters responsive service delivery by the
government in that the government will bring the services the citizens have
demanded. Secondly, citizen participation ensures that the developments the
government bring to the communities are sustainable and it helps the government to
avoid white-elephant projects. If people have not participated in the planning and
policy process, whatever the government decides to bring to the people may end up as
futile development as people may destroy it. Therefore, in many respects citizen
participation is important.’ (respondent no. 1 interview 21. September 2012).
According to one of the ordinary residents and youth activists of Qacha’s Nek
(respondent no.5 interview: 20th.September 12), ‘citizen participation in the policy
and planning process is important in that it enables the citizens in a particular
community to influence the decisions of the government and hence development in
their respective communities’. The former District Administrator of Qacha’s Nek and
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currently an ordinary citizen further stated that ‘citizen participation enables the
citizens to have the ownership of development process in their respective areas. It
actually ensures that the development process becomes a reality and that the
government becomes responsive to the needs and aspirations of the citizens. People
are able to take care of developments the government has made and secure them.’
(respondent no.2 interview: 21 September 12).
According to one respondent, ‘citizen participation is important in that it enables the
citizens to air and place their communal needs and problems with the government on
one hand and on the other hand, it enables the government to communicate policy and
plans to the citizens. In other words, it enhances communication between the
government and the citizens (respondent no; 19 interview: 25 September 2012). One
respondent also indicated that ‘citizen participation is important in that it helps the
government to provide services that are relevant to the needs of the citizens and this
in turn makes the citizens take care of the services and developments that are made
for them’( respondent no:20 interview: 25 September 2012).
As a conclusion, the respondents view citizen participation as important in that it
enables the government and the citizens to communicate on matters of development.
This is significant in that the government will know the needs of the citizens and
therefore will provide communities with the services and development that are
relevant and most needed. In similar manner, Taylor &Fransman(2004:1) in (Buccus
&Hicks,2007:525) provides information about the importance of citizen participation
and writes that ‘...citizens participation in governance is regarded by many as having
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the potential to reduce poverty and social injustice by strengthening citizens’ rights
and voice, influencing policy making, enhancing local governance, and improving the
accountability and responsiveness of institution’. Therefore, it can be argued that
citizen participation can propel community development.
Although the research has revealed that citizen participation in Qacha’s Nek is taking
place and that it is important, it is often faced with challenges. Many of the
respondents indicated that citizen participation is taking place at low level. This
situation is caused by the challenges as stated by the respondents. This means there is
a need to improve the situation.
6.7.3 Do you think local government can enhance and propel citizen
participation?
The respondents were asked whether local government can enhance and propel citizen
participation. The aim of asking this question was to find out if local government can
be a proper avenue for enhancing citizen participation.
All the respondents interviewed indicated that indeed local government can enhance
and propel citizen participation. According to one of the respondents, ‘local
government can easily facilitate and enhance citizen participation since the
government is closer to the people and as such it is easier for citizens to meet local
authorities as central government is too far away from them. This means when
government is closer, citizens will be at liberty to contact the councillors any time,
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mostly because they stay with them in the communities’ (respondent no: 17.
interview: 21September 2012).
The same sentiments were echoed by one of the respondents who further stated that
local government can enhances citizen participation because it is a vehicle through
which the majority of citizens can easily participate (respondent no:18.interview:25
September 2012). According to him, ‘the government of Lesotho introduced local
government as a vehicle through which the majority of citizens in respective
communities can access the local government structures easily since they are closer to
them and they can meet the local authority at any time without costs’.
It is concluded that indeed local government can propel and enhance citizen
participation since local government is closer to the citizens. That is to say, since the
local government structures and councillors stay with the citizens in the communities,
it is easier for them to regularly contact each other and do follow-ups communication
than when the government and the members of parliament are far away in remote
areas. South African experience offers adequate example that local government can
propel citizen participation. As Buccus et al (2007:3) argues citizen participation in
South Africa received increasing attention in South Africa, especially in local
government. This is indicative that even in Lesotho as the respondents have provided,
citizen participation can also propel in local government.
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6.7.4 Does citizen participation take place in the local government in Lesotho
especially in Qacha’s Nek?
The respondents were asked whether citizen participation is currently taking place,
especially in Qacha’s Nek. The aim of asking this question was to find out if citizen
participation in the policy and planning process is currently taking place in Qacha’s
Nek especially, in the urban council and Tsoelikana community council.
Most of the respondents indicated that citizen participation is taking place in Qacha’s
Nek although not fully and that it is by certain factors. According to one councillor
from the Qacha’s Nek urban council, ‘citizens do participate in government but they
participate solely in policy implementation where they are employed in projects. They
only participate when they know that they are going to be paid. In cases where they
are called to attend meetings for policy formulation or to make plans, citizens are
normally reluctant to participate. Sometimes citizens do participate in the planning
process where their representatives call for a pitso with the assistance of the local
chief. During the pitso, citizens will give representatives their mandate and the
representatives take the mandate to the councils. This means in this sense they do
participate’ (respondent no.14 interview: 20 September 2012).
According to the district administrator of Qacha’s Nek, ‘citizens do participate in
local government when plans are being made. There is a district planning unit which
is a body tasked with the mandate of collecting the plans from the electoral divisions.
Citizens still participate through such unit and present their plans as to how they want
their villages to be developed. Generally, they do participate despite that in most
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cases, the central government imposes things on them and this sometimes discourages
grassroots participation (respondent no.12 interview: 12 October 2012).
Furthermore, the district council secretary for the Qacha’s Nek district council
indicated that citizen participation does take place but not under the free will of the
people. According to him, ‘citizens do participate in local government even though it
is not a free and pure participation. They participate mostly in project implementation,
especially when they know that they are going to be paid. Sometimes they attend the
pitso when they have heard that possibilities for work are very high. This means it
may not be wrong for one to think that participation in Lesotho and particularly in
Qacha’s Nek occurs because of the consideration of material reward or incentive
involved. Normally citizens participate in areas such as land reclamation and forestry
projects, road building and soil conservation projects. These are the areas where the
government has made it a policy that citizens be paid’ (respondent no.1 interview: 21
September 12).
Even though citizen participation takes place in Qacha’s Nek, several respondents
were not happy with the way it is done. According to the district chairperson of
Qacha’s Nek, ‘the involvement of central government in the affairs of local
government, and the limited budget are factors that negatively affect citizen
participation in Qacha’s Nek. In previous time, the Minister of Local Government
would simply dictate policies and plans as she wished and that could work against the
wishes of local citizens. Pursuant to this, their plans would be twisted and they would
hence refuse to participate, mentioning that it is futile since the local government is
not responsive to their needs’ (respondent no.13 interview: 12.October.12). This
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point was also echoed by the district administrator where she further stated that ‘this
undermined the whole process of local governance. The design of local government
provides that people through their electoral divisions are empowered to decide or
influence the decision the government at local government takes but the central
government has discouraged this. Local government is about people taking part and
participating in policies and plans the government makes for their respective electoral
division but it is not happening as envisaged’(respondent no.12
interview:12.October.12).
According to the secretary of the Qacha’s Nek urban council, ‘citizen participation is
currently taking place in Qacha’s Nek although not in large volumes. Citizens are
always informed by their councillors that they are free to attend the council meetings
or seek the council minutes so that they know the progress being made with respect to
their places but they seem not to be interested (respondent no.10
interview:12.october.12).
In the same way, the secretary for Tsoelikana community council stated that ‘Indeed
citizen participation in this community council is taking place although relatively
poorly. This is despite the fact that citizens are continually encouraged to participate
in local government process, they are normally discouraged by the government
approach to local government or the decentralisation process. The government
purports to decentralise but the real picture depicts the opposite in that it most of the
affairs that are supposed to be run by local government structures continues to be run
at central level. That is, the central government still centralises most of the decisions
the local government ought to have taken (respondent no.9 interview: 02.October 12).
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The above indicates that some citizen participation in Qacha’s Nek currently takes
place, although the majority of citizens do not participate. As indicated, there are
some reasons why this is the case. For example, some respondents mentioned the
reluctance of citizens to participate, while some mentioned the unregulated and
meddlesome involvement of central government in local affairs. Apparently, several
factors impede active and popular participation. Therefore, to ameliorate this
situation, there is a need for extensive education of citizens on the importance of
citizen participation. Secondly, there is a need for government to let the local
authorities’ power and autonomy to run their affairs.
6.7.5 Structure and mechanism for fostering citizen participation
The respondents were asked whether the structure of local government and the
mechanisms for ensuring citizen participation are enough to foster participation. The
aim in asking this question was to find out if the current structure of local government
in Lesotho assists or restricts citizen participation.
The majority of the respondents agreed that the structure does not inhibit or
discourage people from participating. According to one respondent from
Development for Peace Education ‘the structure of local government is good that it
does not prohibit citizens from participating in local government. In terms of the
structure of Lesotho’s local government, people are at liberty to consult with their
representatives since they are residing together in the villages. This means the
structure is good. Besides this, people are at liberty to attend the pitso whenever it is
there. This means the structure and the mechanism are not a problem. In fact the
whole programme of local government is not a problem. The problem is how it has
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been introduced. People seemed, even the councillors themselves, not to have
adequately understood the whole local government process’ (respondent no.8
interview: 18.September 12).
According to the Qacha’s Nek district council secretary, the structure is good. There
is no problem with the structure since it allows citizens to take part in local
government affairs. It is just that citizens need to be educated about the entire local
government system as they have not yet understood it properly. Well some people are
already taking advantage of the structure and are always free and able to participate.
This means the structure allows citizen participation to a great extent (respondent
No.1 interview: 21 September 12).
As a conclusion, it transpires that the structure of local government in Lesotho is not a
problem. This means in as far as citizen participation is concerned, the local
government structure offers enough space for citizens to participate. It is just that
citizens have not understood local government. Therefore there is a need for wider
education on local government and citizen participation.
6.7.6 The legislative framework covering citizen participation in Lesotho
The respondents were asked whether the legislative framework covering local
government adequately addresses the issue of citizen participation. The aim of this
question was to find out if the respondents know about the legislative frameworks
covering citizen participation and whether such legislative frameworks address citizen
participation.
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The response seemed to show that the legal framework is not a major issue because it
does not restrict citizen participation in any way. However, they agreed that there is a
need to improve the local government acts in relation to citizen participation.
According to the managing director of the Transformation Resource Centre
(respondent no.7 interview: 18.September 12), ‘the law or policy is not the problem
because there is nowhere in any law where citizens are forbidden to participate.
People in Lesotho do not care about local government. The law may be clear or
vague; they have no interest in the law. So for me it is about people understanding and
being willing to play their role in local government, that is how, why and when to
participate. However, there is a need to revise and improve the legal framework to
fully bind the local councillors, the municipal or community manager to solicit public
input before the policy or plan is finalised by the council. We need a detailed
procedure that directs in a clear manner how the public or citizen has input in a certain
plan’.
These sentiments were echoed by one representative of academic and research based
institutions and a lecturer at the National University of Lesotho (respondent no.6
interview: 06.October 2012) who stated that ‘it is very premature to talk about the
legal framework for local government in relation to citizen participation because there
is no law that bans citizen participation in local government. Indeed, one can say there
is a need for local government acts to be revised a lot to cater for citizen participation
and other matters related thereto. I have not yet fully analysed local government in
South Africa, but I think it has a better framework for citizen participation. So there is
a need to recheck the Local Government Act and enact other pieces of legislation that
further support citizen participation in the policy processes in local government’.
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Considering the nature of the responses given above, it can be concluded that the
legislative frameworks do not adequately address the issue of citizen participation in
local government. This means there is a need for legislative frameworks to be revised
and improved so that the issue of citizen participation is adequately addressed. The
responses are also indicative of that citizens’ need to be trained and educated so that
they are made fully aware of the acts that promote citizen participation.
6.7.7 Whether citizens are aware of the policies that promote citizen
participation in Lesotho
The respondents were asked whether citizens are aware of the policies that promote
citizen participation in Lesotho. The purpose of asking this question was to find out
whether citizens know or are aware of the policies that promote citizen participation
in Lesotho.
The respondents were divided on this question. Some stated that citizens are aware
while other said they are not aware. Those who said they are aware mentioned that
citizens have been made aware at pitsos where most community issues are discussed.
As one councillor who is also a chief stated ‘citizens are fully aware of the policies
that promote citizen participation in local government. They are normally sensitised
about them by councillors and chiefs. Traditionally, Basotho participate in local
affairs through pitsos and this tradition or culture still goes on. This means citizens are
frequently and on different occasions sensitised on the policies that promote citizen
participation in local government. This means they are fully aware, it is just that some
are naturally reluctant to participate or that they are occupied with other businesses’
(respondent no.19 interview: 25 September 2012). The same sentiments were shared
by respondent no. 20 and 21, interviewed on the same date.
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In contrast to this, other respondents indicated that citizens are not aware. One
respondent stated that ‘citizens are not aware of the policies that promote citizen
participation in my community council because things or whatever takes place in local
government is dictated from the top and citizens are always left not knowing whether
the action the local government takes is policy directed or a discretion of the central
government in local government. Even those who participate do so because they are
forced to because they the material rewards after participating. The central
government continues to dictate the activities to be done even when some of them are
wrong. So, unless the central government refrains from meddling in local government,
citizens will continue to be ignorant of the policies that promote citizen participation
(respondent no.2 interview: 21 September 2012).
As seen from above, there are mixed feelings from the respondents on whether
citizens are aware of the policies that promote citizen participation. What transpires is
that the majority of them are aware, as the chief and the councillors indicated. It is
therefore acknowledged that there are some who are not aware of these policies. This
means despite the response of the respondent no. 2, there is a need for citizens to be
educated and made aware of the policies that promote citizen participation in local
government. Also the central government should allow the local government
autonomy so that free and fair participation of citizens can occur.
6.7.8 Whether these policies can be improved
The next question asked sought to elicit the ideas of the respondents about how these
policies can be improved. The main aim in asking this question was to find out if
citizens feel the need for the present policies to be improved; moreover, if they so
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desire, to get their proposals, suggestions and insights on how best these policies can
be improved.
Most of the respondents showed that there is a need for policies to be improved. They
indicated that they can be improved by the introduction of legislation on citizen
participation in Lesotho rather than having it implied in another act. According to one
respondent ‘indeed policies on citizen participation need to be improved for a number
of reasons. Firstly, parliament needs to enact a law which specifically provides for
citizen participation. This will ensure that citizen participation becomes a prerogative
duty and responsibility of councillors and local government support staff before any
policy is finalised by the council. This will also make citizens demand participation in
that they will be protected by the law. Secondly, extensive education and capacity
building can work to improve the policies. Currently, some citizens are not aware of
the policies and they need to be educated. In the same way, some of the councillors
need to be trained and capacitated’ (respondent no.25 interview 11 October 2012).
These sentiments were echoed by one of the councillors who mentioned that ‘citizens
are still behind in matters of local government and the role they should play; training
and education can improve the situation. Even the councillors need extensive training
on local government and ways of making citizens participate in local government.
Training citizens can help because citizens will start to participate’ (respondent No.18
interview 25 September 2012).
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As a summary, the respondents feel that there is a need for policies that promote
citizen participation to be improved. They mention that parliament should enact a
citizen participation act so that the current polices can have a foundation upon which
they are based. This will help a lot considering the case in South Africa. Citizen
participation in local government is well covered in the Municipal Systems Act of
2000. In this act, citizen participation is well provided for in terms of process and
local authorities and councillors are meant to ensure that citizens participate in ward
committees. So, in Lesotho, if there were to be additional legislation, it would indeed
improve the current policies that deal with citizen participation.
6.7.9 Whether citizens view their right to participation in local government as
something important
The respondents were asked whether citizens view their right to participation in local
government as something important. The purpose of asking this question was to find
out whether citizens understand the right to participation as important.
The responses to this question were many and varied in that some respondents said
citizens take their right to participation as something important while other
respondents presented the opposite. According to one respondent, ‘citizens regard
their right to participation as something important. This is reflected in their attendance
at various pitso that are held in the community. Many citizens in my place attend pitso
and are active in the policy formulation and implementation processes. In the event
that the council implements any activity without their concern and knowledge they
always petition the council. This is an indication that indeed citizens take their right to
participation as something important’ (respondent no.23 interview 02 October 12).
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The same sentiments were reiterated by one of the councillors who further said
‘indeed in my community council, citizens view their right to participation in local
government as important. This is evident in the nature and type of discussions
normally reached in pitsos. One cannot attempt to implement any policy without
having consulted citizens had a say in that policy. However, some still lag behind
since it is not all citizens who are aware because some just do not care and one can
conclude that these may sometimes not be aware or rate their right to participation as
important (respondent no.22 interview 12 October 2012).
Considering the above responses, it can be concluded that the majority of citizens
view their right to participation in local government as something important despite
some citizens’ still not understanding. This means there is a need for education to be
instilled to those who are still ignorant.
6.7.10 Challenges facing citizen participation in Lesotho with reference to the
case of Qacha’s Nek
The respondents were asked about the challenges that are present when citizen
participate in the planning and policy process in local government. The aim of asking
this question was to find out about the factors that impede the process of citizen
participation.
The findings of the research through interviews with many respondents revealed that
there are many challenges that apparently bedevil citizen participation in Qacha’s
Nek. According to the district council secretary for the Qacha’s Nek, ‘the challenges
that face local government process in Lesotho are the very challenges that hinder
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citizen participation in Lesotho. The main challenge is the issue of autonomy. The
fact that most decisions are still made and imposed and dictated by central
government is a challenge to citizen participation. The second challenge is that local
government in Lesotho has been implemented along political party lines. This issue
has rendered local government amenable to political conflicts in that instead of
battling for political policies and developments in local government, citizens often
battle with party political issues. Thirdly, the conflict between the chiefs and
councillors is another serious challenge that needs to be solved in local government in
Lesotho’ (respondent no.1 interview 21.September 12).
The level of understanding and training of the councillors is another pertinent
challenge facing local government and citizen participation. According to one
ordinary citizen in Qacha’s Nek, ‘the level of understanding and education of some of
the councillors in local government is a major challenge. This is because some of the
councillors do not understand their roles and responsibilities pertaining to citizen
participation and local government in general. This situation is further complicated by
the fact that most of the documents are written in English and as such it becomes
difficult for some councillors to understand them. So there is a need for the
councillors to be thoroughly trained so as to make them competent enough to manage
and perform their work‘(respondent no.2 interview: 21 September 12).
These sentiments were echoed by several respondents especially the councillors,
council secretaries and ordinary citizens.
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From the above, it can be seen that local government is encumbered with serious
challenges. As has transpired from the respondents, issues such as autonomy, training
and understanding and party politics remain the major challenges facing and
inhibiting citizen participation in local government. Therefore, there is a need for
training and capacity building in order to clarify for local government stakeholders the
roles of each category, especially concerning the councillors’ and chiefs’ debacle.
6.7.11 Improving citizen participation in the policy and planning process in local
government in Lesotho.
The respondents were asked to state how citizen participation in the policy and
planning process in local government in Lesotho can be improved. The purpose in
asking this question was to give respondents an opportunity to express their opinions
on this issue.
Almost all the respondents earnestly indicated that something had to be done to
improve citizen participation in local government. According to one of the ordinary
citizens residing in the Qacha’s Nek urban council, ‘if we want to make citizen
participation a reality in Lesotho, there is a need for comprehensive political
education where different segments of citizens need to be educated and sensitised.
The government imposed local government without clarifying certain important
things such as the role of citizens and civil society organisations, the non-
governmental organisations, the responsibilities of the councillors and of central
government’ (respondent no.4 interview 21 September.12). These same sentiments
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were echoed by one member of the district planning unit (DPU) and the district
development coordinating committee (DDCC) who argued that ‘the citizens and the
councillors need to be educated on the importance of citizen participation in local
government. There is a need also to train the councillors since most of them still do
not understand their roles and responsibilities’ (respondent no.3 interview 21
September 12).
Apart from political education, respondents felt that there is a need for the central
government to refrain from meddling in local government affairs, that is, central
government should give the local government autonomy. According to one former
district administrator of Qacha’s Nek, who is currently an ordinary citizen, ‘as part of
improving citizen participation in local government, the central government should
allow the local people the autonomy to decide their plans and policies that are specific
to their communities. Currently, the involvement and meddlesomeness of the central
government discourages local participation in that it imposes plans on the local
communities and this prevents the citizens from making their own plans’ (respondent
no.2 interview 21 September 2012).
From the above, it can be seen that the same sentiments about training, that political
education and the involvement of central government in local government should be
reduced, were echoed by councillors from the Qacha’s Nek urban council and
Tsoelikana community council as well as the council secretaries in both councils.
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6.7.12 Benefits that can emanate when citizen participate in policy and planning
process
Respondents were asked to show if there are any benefits that can emanate from
citizens participating in the policy and planning process. The aim was to find out if
the respondents can deduce any benefit emanating from citizen participation in the
policy and planning process.
Many respondents indicated that it is very beneficial for citizens to participate in the
policy and planning process for a number of reasons. One of them indicated that ‘one
of the benefits that emanate from this process is that democracy is consolidated in that
the decision the government will make in terms of the policies and the plans will be a
reflection of citizens will’. Once more, good governance is ensured in that in order for
government to manage its affairs appropriately it has to act in accordance with the
views of its citizens. Also, the decisions that will be made will be of high quality in
that they will be appropriate, relevant and responsive to the needs of the communities
( respondent no.24 interview : 03 October 12).
These sentiments were reiterated by one of the respondents who further stated that
‘the major benefit is that citizens will own the development process in their
communities and will ultimately take care and look after the development the
government has provided. This means the other benefit pertinent to this extent is that
public funds and resources will be used to the benefit of the citizens. In fact, there are
so many benefits that emanate when citizens participate in the planning and policy
process. These are just a few of them’ (respondent no.26 interview: 03 October 12).
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As a summary, it transpires that it is beneficial for citizens to participate in the policy
and planning process for many reasons. In terms of the above, it transpires that
democracy and good governance flourish and consolidated, public funds are used for
community needs and citizens become responsive and responsible in that they
promote development rather than destroying it or letting it be a white-elephant. This
shows citizen participation has to be encouraged and promoted through extensive
education.
6.8 CONCLUSION
This chapter has provided interpretation and analysis of findings from the interviews
that were held to obtain answers to the research questions posed by this study. The
main purpose in undertaking these interviews was to empirically discover whether
citizen participation in Qacha’s Nek is taking place or not. A supplementary question
that was posed intended to find out what can be done to improve citizen participation
in local government in the policy and planning process in Lesotho.
The findings reveal that indeed citizen participation is taking place in Qacha’s Nek
even though it is not extensive, as it is influenced by certain factors. The findings
from the interviews indicate that certain challenges impede participation in Lesotho.
One such factor is the unregulated involvement of central government in the affairs of
local government, thereby infringing on the autonomy of local government. This
seems to discourage citizens from participating in that they see it as futile and a waste
of time as the central government imposes its plans against the will of local citizens.
Despite this, the findings reveal that there is a need for political training and education
for both the citizens and the councillors as one of the challenges raised was that there
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was general lack of capacity to foster citizen participation. Councillors need to be
capacitated as well so that they can effectively implement their work smoothly.
There is a need for policy change and action in order to make citizen participation
effective in Lesotho. The next chapter provides conclusions and recommendations to
the research as well as future areas for further study.
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CHAPTER SEVEN
CONCLUSIONS AND RECOMMENDATIONS
IMPROVING CITIZEN PARTICIPATION IN THE POLICY AND PLANNING PROCESS IN LOCAL
GOVERNMENT IN LESOTHO
7.1 INTRODUCTION
In contemporary times, citizen participation is increasingly being encouraged,
especially in countries that have democratic governance. In such countries,
governments have created grassroots or local government structures with the purpose
of ensuring that they are closer to citizens to foster participation. There are many
benefits that are created when citizens take part in the government policy and
planning process. Lesotho as a country also follows this trend. In 2005, the
government of Lesotho introduced local government with a view to promote citizen
participation in government.
The question, then, that attracted the academic interest of this study was whether
citizen participation is in fact taking place. Secondary questions that followed from
this question as stated in the problem statement (1.4 of Chapter one) includes: what
citizen participation means? Why it is citizen participation important in local
government in Lesotho? What mechanisms are in place to foster citizen participation?
What policy or legislative frameworks to foster citizen participation? Finally, what
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can be done to improve citizen participation in local government? These questions led
to the formulation of the aims and objectives of this research.
The main aim of this study was to find out if citizen participation is currently taking
place in local government in Qacha’s Nek and how it can be improved. This aim was
followed by several objectives that attempt to clarify and give effect to the main aim
of this study. These objectives are, firstly to understand what citizen participation is.
This involves exploring the meaning, purpose, importance and benefits that accrue
from citizen participation (Chapter two). Secondly, to describe the legislative
frameworks supporting citizen participation in Lesotho (Chapter four). Thirdly, to
explore citizen participation in other countries with a view to finding an example of
how to improve citizen participation, in terms of acts and structures (Chapter five).
South Africa was chosen for this purpose.
This chapter finally summarises and evaluates the findings of the various chapters of
this dissertation in terms of the aims and objectives, and further draws conclusions on
whether citizen participation is currently taking place in Qacha’s Nek and how it can
be improved. The chapter will also provide recommendations in terms of the final
conclusion that is being made on how citizen participation in local government in
Lesotho can be improved. Although the study is based in Qacha’s Nek, particularly in
Qacha’s Nek urban council and Tsoelikana community councils, the findings and
recommendations made can be used in other districts.
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7.2 Summary of Chapters
In order to draw a comprehensive and logical conclusion about citizen participation in
Lesotho, it is necessary that an overview of chapters be made. Chapter two answered
the questions that were listed in 1.4 of Chapter one that read, ‘what is citizen
participation and why is it important?’ This chapter thus discusses the theoretical
foundation of citizen participation in terms of the meaning, importance and purpose. It
was found that citizen participation is founded on representative democracy. Different
definitions of citizen participation were explored to see how different scholars define
the concept and many of them define citizen participation in terms of the influence
citizens make on government in terms of the decisions taken. Therefore, citizen
participation was summarised as a framework of policies, processes, principles, and
techniques which ensure that citizens and communities, individuals, groups, and
organisations have the opportunity to influence and be involved in a meaningful way
in making decisions that affect them, or in which they have an interest.
Chapter two also discusses the importance of citizen participation. It was seen that
citizen participation is important for many reasons and therefore needs to be
encouraged because:
• it enables the citizens to influence decisions the government takes for their
benefit
• it advances and promotes democracy
• it gives citizens a sense of ownership of development in their
communities thereby the sense of being taken care of.
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Chapter two also considers the techniques or mechanisms for instituting participation.
It was found that several techniques are in place and can be used relevantly to
promote citizen participation in local government. These techniques or mechanisms
are grouped in terms of traditional and emerging techniques. The traditional
techniques include print publications, public meetings, open houses, advisory
committees, workshops, bilateral meetings, and focus groups. The emerging
techniques include open space technology, future research conferences, e-
participation, public policy dialogue, appreciative inquiry and study circles. It is
therefore concluded that a combination of these techniques can be used to effectively
promote citizen participation in local government.
In this chapter, citizen participation in the context of policy and planning is sketched
as stages through which citizens can participate. It was found that citizens can
participate in agenda setting or in the establishment of a need, policy formulation or
design, policy adoption, policy implementation and policy evaluation. Participation in
these stages and is encouraged.
In Chapter three, the focus has been to trace the historical background of citizen
participation in Lesotho. The chapter discusses the second objective of the study
which reads; to explain why citizen participation in local government in Lesotho is
important. This involves providing a comprehensive historical background of citizen
participation in Lesotho from the pre-colonial era to the military era. This also
includes an explanation of the relationship between citizen participation and local
government. This chapter begins with the era when the Basotho nation was formed in
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1800. The historical background depicts that the culture of citizen participation that
existed in the Basotho nation from when it was first formed. This chapter is divided
into the pre-colonial era, colonial era, independence era and military era.
The most common structures that helped sustain citizen participation in Lesotho
during the pre-colonial era were the pitso and khotla systems. It was found that citizen
participation has been practised for a long time in Lesotho and that it is well
entrenched in the Lesotho governance superstructure. Participation was active in
Lesotho despite the fact that it was mainly men who were involved while women
were never allowed to participate.
During the colonial era, participation still took place despite the fact that the system of
governance changed dramatically, thereby changing the patterns of participation that
Basotho people were used to. New forms of participation emerged where Basotho
participated through organised associations and later political parties. The
mechanisms of participation continued to be used even though the structures of
government had changed drastically. Along with these changes, a new structure for
participation emerged, namely the Basutoland National Council. It was created to help
ensure that Basotho people participated in national matters. The main critique that
was levelled against this body was that it was formed mostly of chiefs and denied the
majority of citizens the opportunity to participate. Basotho people fought to make sure
that they were represented in large numbers in that council. Later on towards
independence in 1960s, new structures for participation were established namely
district council. These did not last long but were dismantled in the 1968 after
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independence in 1966 and were replaced with development committees, district
development committees and village development committees. These committees
brought development in terms of citizen participation in that the majority of citizens
could participate. For example if there was a village committee it meant every citizen
in each village could easily participate.
Later on, the government changed and the military took over. During the military
regime, the structures that were used to effect citizen participation in terms of
committees were improved. There were village committees, ward committees and the
district committees. These structures gave many citizens the chance to participate as
participation could occur at different levels. The institution of chieftainship was also
improved as it was responsible for ensuring that there was broad participation of
citizens. Pitsos continued to be the mechanism that was used to foster citizen
participation.
This chapter concludes by showing that citizen participation in government activities
in Lesotho has historically existed. This indicates that there is a possibility that citizen
participation in local government has survived based on the past historical trend that
has been depicted in this chapter.
Chapter four was devoted to citizen participation in the context of the planning and
policy process during the inception of local government in 2005. This chapter reveals
that government of Lesotho introduced local government for various reasons. One
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such reason is to foster citizen participation in the planning process in local
government in Lesotho. It has been found that many developments were put in place
that attempted to herald local government in Lesotho. One of the objectives of this
research that is answered in this chapter is to describe the current mechanisms or
legislative frameworks that exist for facilitation of citizen participation in Lesotho.
Local government in Lesotho is covered and promoted in terms of the Constitution of
Lesotho 1993, the Local Government Act 1997 and the Local Government
(amendment) Act 2004. Citizen participation in government is promoted in these acts.
The structures of local government in which citizens can participate are the
community council, district council and urban council. The mechanisms through
which citizen participation can be implemented are the general house or pitso and
various sub-committees. Citizen participation is facilitated by certain bodies that are
supposed to ensure that plans of the local government are reflective of the citizens’
will. These bodies are the district planning unit and the district development
coordinating committee. They are tasked with ensuring that citizen participation takes
place at the electoral division or village level.
The chapter also reveals that the government of Lesotho is committed to ensuring that
citizen participation in local government is encouraged and improved. There is a
ministry responsible for ensuring that local government becomes a reality and that
citizen participation becomes effective. This is the Ministry of Local Government and
Chieftainship. The chapter reveals that local government and citizen participation in
Lesotho are faced with many challenges that need to be rectified to make citizen
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participation a reality. This chapter concludes by indicating that the government of
Lesotho is indeed committed to local government and citizen participation. There are
legislative and policy frameworks that duly support citizen participation in local
government.
Chapter five looked at citizen participation in South Africa as an example on how
citizen participation in other countries is implemented and what can be done to
improve citizen participation in Lesotho. The focus in South Africa has been on the
acts and policies that promote citizen participation. As has been seen, citizen
participation in South Africa is supported and promoted through a variety of acts,
policies and programmes. The Constitution of South Africa remains the most
important tool that directs and binds the local government and the municipalities to
make sure that citizen participation occurs. It binds the municipal government to
make sure that it manages its structure, administration and budgeting processes to
give priority to the basic needs of the community (section 153 of the Constitution of
South Africa). This means it cannot achieve the aims of this section unless it
encourages and effects citizen participation.
The government has also shown commitment to ensuring that citizen participation
becomes a reality. This is reflected in many laws and policies such as the Municipal
Structures Act No. 117 of 1998, the Municipal System Act No. 32 of 2000 and a
comprehensive policy document the 2005 Draft National Policy Framework for
Public Participation of the Department of Provincial and Local Government (DPLG).
These legislative frameworks provide for citizen participation in terms of definition,
244
importance, structures for enabling citizen participation, government approach
towards implementing it and the process that has to be followed in fostering it as well
as the role of different stakeholders in local government. In short, Lesotho can use and
develop these examples of how citizen participation is being promoted in South
Africa.
Citizen participation in South Africa is fostered through a variety of structures. These
are provided for in different acts and policies, as has been seen above. These are ward
committees, the integrated development plans, the performance management system
and the municipal budget processes. These structures are very important in that they
are guidelines as to how citizens must take an active role in the process of
participation. Ward committees are central to ensuring that citizens participate in
government through their different societal formations and organisations. This is
because ward committees are supposed to cooperate with the individual citizens,
groups operating in communities and sectoral and specialised organisation.
Moreover, citizen participation in South Africa is fostered by many different
mechanisms. In this study, there are three major mechanisms identified, open council
meetings, imbizos and kgotlas and a wide range of other mechanisms, as has been
seen. These mechanisms do not only allow for wider citizens participation, they also
allow for different segments of society participate in local government affairs,
especially in matters that directly affect them.
245
Lastly, ways how citizens participate in government are also discussed in this chapter.
There are three main categories: There are; firstly, citizen’s action: by means of
lobbying bodies likes parliamentary committees, public demonstrations and protest;
secondly, citizen involvement: by means of public hearings, consultation with
advisory committees and attitudinal survey and thirdly, electoral participation: by
means of casting votes and electing representatives. This chapter concludes by
indicating that Lesotho can include a number of aspects that are currently being used
in South Africa to improve citizen participation in local government in Lesotho in
terms of laws and policies.
Since one of the objectives of the study is to make an empirical finding on whether
citizen participation is taking place in Qacha’s Nek and how it can be improved,
interviews were conducted. Chapter six presented and interpreted the findings from
the interviews that were held with many different respondents of which the majority
reside in Qacha’s Nek. A number of questions were prepared in relation to the
objectives of the study. The findings from the interviews indicate that citizen
participation is about citizens taking part in the planning and policy process with the
view to influencing the decisions of government. Many respondents indicated that
citizen participation is important and therefore needs to be encouraged.
Furthermore, the findings reveal that citizen participation is taking place in Qacha’s
Nek, although it is faced with many challenges that need attention. Respondents
mentioned that there is a general need for political education about local government
and citizen participation because the majority of respondents indicated that local
246
government is not fully understood by many sectors of society in Lesotho. For
example, respondents indicated that even the councillors do not fully understand local
government and the role they have to play in it. Therefore, it may be difficult to
ensure citizen participation processes in Lesotho.
Finally, the findings indicate that legislation and policies to promote citizen
participation are lacking and hence need to be improved. The respondents indicated
that there is a need to improve legislation and policies promoting citizen participation
in order to address citizen participation in Lesotho. The majority of respondents
stressed the importance of citizen participation and indicated that it can bring benefits
that both the government and the citizens can enjoy. As a result, improving legislation
and policies will help promote citizen participation in Lesotho.
7.3 CONCLUSIONS
The previous section of this chapter provided a summary of the different chapters of
the study. This section provides the final conclusion that synthesises these chapters.
This final conclusion is made in relation to the aims and objectives the study set out in
Chapter one (section 1.4). The study sets out to find out if citizen participation in the
policy and planning processes in local government in Lesotho is taking place. The
focus of the study is Qacha’s Nek with particular reference to Qacha’s Nek urban
council and Tsoelikana community council.
• The main aim of the study was to find out whether citizen participation is
currently taking place in Qacha’s Nek. The final conclusion in relation to this
247
aim is that citizen participation is currently taking place even though it is not
as effective as expected. Citizens do not participate in large numbers. This
situation is caused by several challenges that bedevil local government and
hence citizen participation. The other conclusion made is that the majority of
citizens do not participate because they don’t fully understand local
government and how citizen participation processes works. This was reflected
during the interviews with different citizens both representing the government
and the citizens. This indicates that education and information need to be
provided to remedy the situation and improve citizen participation.
• The first objective of the research as stated in section 1.4 of Chapter one is to
understand what citizen participation is. This includes getting a better
understanding of the concept of participation, why it is important and what the
mechanisms of participation are. This also includes the exposition of citizen
participation in the planning and policy process. The conclusion made in
relation to this objective is that citizen participation is a process that involves
an on-going communication between local government and citizens with the
latter influencing the decision the former makes. It is concluded that citizen
participation is important and therefore has to be encouraged. Furthermore, it
is concluded that local government can provide a number of forums to allow
the majority of citizens to participate in all policy process stages.
• The second objective of the research is to explain why citizen participation in
local government in Lesotho is important. This involves providing a
248
comprehensive historical background of citizen participation in Lesotho from
the pre-colonial era to the military era. This also includes an explanation of the
relationship between citizen participation and local government. The
conclusion made in relation to this objective is that indeed citizen participation
in local government in Lesotho is very important in that, as seen from the
historical exposition, citizen participation has always played a pivotal role in
shaping the development of the communities in Lesotho. Therefore, if citizen
participation is effective, it allows citizens the opportunity to participate in the
development of their communities and this in turn gives them ownership of the
development in their respective areas. It is therefore concluded that citizen
participation can flourish in local government and that local government can
foster and enhance citizen participation.
• The last objective of the research is to examine the current structures,
mechanisms and legislative frameworks that exist for the facilitation of citizen
participation in Lesotho. The conclusion made in relation to this objective is
that the present structures and mechanism are enough to propel and enhance
citizen participation in Lesotho. Despite this, the author concurs that possible
improvements can be made if they seem to further enhance it. However, in
relation to the legislative frameworks, the conclusion made is that much is
needed to further boost the citizen participation process in local government.
The case of South Africa in Chapter five offers a number of examples on the
variety of legislations that can be developed to improve citizen participation in
Lesotho.
249
7.4 RECOMMENDATIONS:
The policy recommendation is made in relation to establishing how citizen
participation can be promoted in Lesotho in order to make it effective. This is made in
relation to the last objective of the research as stated in section 1.4 of Chapter one
which reads: ‘to propose strategies and solutions to improve citizen participation in
local government in Lesotho’. From the literature on citizen participation in Lesotho
and South Africa and analysis of policy and legislative frameworks, as well as from
interviews conducted, the following policy recommendations are made in relations to
improving citizen participation in local government in Lesotho:
• The Local Government Act, 1997 should be improved to cater directly for
citizen participation in matters of local government. Currently, Local
Government Act, 1997 makes little mention of citizen participation in local
government in Lesotho. It must mention the processes, procedure and stages
of citizen participation like, for example, the Municipal System Act in South
Africa which includes all these aspects. In addition, the Local Government
Act, 1997 should bind local government managers and officials to ensure that
citizen participation occurs before any policy is being made.
• It is also recommended that a comprehensive policy on citizen participation in
Lesotho be enacted. This policy will work as a guiding tool to assist local
government stakeholders to provide a common understanding of what citizen
participation is in terms of its conceptual understanding and underlying
principles. The South African Draft Policy Framework for Public Participation
250
in the Department of Provincial and Local Government (DPLG) offers a point
of reference to this effect. Currently, there is no common understanding of
citizen participation. It is conceived differently by different citizens in
Lesotho.
• It is recommended that capacity building programmes for citizens be
implemented. The interviews conducted indicate that the majority of citizens
do not have enough knowledge and education about local government and
citizen participation. Therefore, there is a need for political education and
citizens’ sensitisation on citizen participation in local government. Citizen
participation can never be active if citizens lack relevant knowledge and
education which could enable them to effectively participate in local
government. This political education can be done by government and non-
governmental organisations such as the Transformation Resource Centre and
the Development for Peace Education. These are civic education
organisations.
• On-the-job training for newly-recruited councillors is another recommendation
made in respect of this study. The observation made is that councillors are
representatives of citizens and hence can play a leading role in encouraging
citizens to participate in local government. The findings from the responses of
the councillors and district council secretaries and council secretaries reveal
that the majority of the councillors lack knowledge on local government and
citizen participation. Therefore, it is recommended that frequent and on-going
on-the-job training and capacity building for councillors be implemented so
251
that they can encourage citizen participation and understand their role in local
government.
• Another recommendation that can be made is the enactment and adoption of a
community based planning framework. Currently instruments for propelling
citizen participation are lacking. Such a framework could resemble the South
African Integrated Development Plan where citizens are expected to actively
play a role before the plan is finalised. This framework will assist every
electoral division to have its own plan which can be submitted to the
community council’s inclusive plan or community plan. This community
based plan can encompass budgeting, monitoring and feedback issues.
7.5 PROPOSAL FOR FUTURE RESEARCH
While the prime aim of this study was to find out whether citizen participation is
taking place in Qacha’s Nek, the study illuminated some other areas that may warrant
future research, for example, what aspects should be included in the training and
education programme to make citizens aware of their rights to participate in local
government activities. The other untapped area warranting research is monitoring and
evaluation of development plans in local government. This will assist in allowing
citizens to monitor and evaluate the extent to which development plans have been
achieved.
252
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INTERVIEWS
Name of the respondents Occupation/profession respondents number and date of interview
Mr.Lekhotla T’seane District Council Secretary
1
21.09.2012
Mr.Mosiuoa Nthakong Former District
Administrator
2
21.09.2012
Mrs. Paballo Senekane District Planning Unit and
DDCC
3
21.09.2012
Mr. Lepheane Lepheane Ordinary citizen(retired) 4
21.09.2012
Mr. Motautona Thabo Ordinary citizen(youth) 5
20.09.2012
Dr. Motlamelle Kapa Lecture at the National
University of Lesotho
6
06.10.2012
Advocate Holo ‘Nyane Transformation Resource
centre
7
18.09.2012
Mr. Lemohang Molibeli Development for peace
education
8
18.09.2012
Mr. Matete Naha Secretary for Tsoelikana
Community Council
9
02.10.2012
Mrs. Makatleho Mohasi Secretary for Qacha’s Nek 10
267
Urban Council 12.10.2012
Mr. Leeto Moiloa Secretary for Ntsupe
Community Council
11
Mrs. Mamontseng Phatela District Administrator and
DDCC secretary
12
12.10.2012
Mr. Tumo Thatho District Council
Chairperson and councillor
13
12.10.2012
Mr. Tholang Thamae Councillor 14
20.09.2012
Mr. Mohlouoa Makafane Councillor 15
20.09.2012
Mrs. Mamosuhli Mosuhli Ordinary Citizen 16
20.09.2012
Mr. Tlohang Rakotje Ordinary Citizen 17
21.09.2012
Mr. Mothepu Sebilo Councillor 18
25.09.2012
Mr. Mualle Letsie Councillor and Chief 19
25.09.2012
Mr. Molungoa Moloi Councillor 20
25.09.2012
Mrs. Mathato Ramoeletsi Councillor 21
02.10.2012
Mr. Kelebone Ramochele Councillor 22
12.10.2012
268
Mrs. Nomawetho Fako Ordinary Citizen 23
02.10.2012
Mr. Mokhafisi Kena Ordinary Citizen( retired) 24
03.10.2012
Kekeletso Makhetha Postgraduate Student at
UNISA
25
11.10.2012
Mr. Roxa Motseo DDCC chairperson and
Councillor
26
03.10.2012
Appendices
Interview Schedule
University of South Africa
Citizen Participation in Policy and Planning Process in Local Government in
Lesotho: a case of Qacha’s Nek
Researcher: THABANG AZAEL MOTHEPU (44184573)
Introduction
The research is undertaken solely for academic purpose. Therefore, the responses you
are going to give are in relation to the questions to be asked are for academic purpose
only. The author fully pledges that the information that you will provide will not in
any manner whatsoever, jeopardize or harm or negatively present your office or
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organization you are currently serving. In this regard, you are humbly requested to
feel free to respond and provide information that you think will assist in this study.
The interview is structured in terms of three consecutive parts. These parts are
organized in terms of questions that address different aspects of the research. The
respondents that are to take part in this interview are Local Councillors (LC-05),
Community Council Secretary (CCS-01), Urban Council Secretary (UCS-1) District
Council Chairperson (DCC-01), District Council Secretaries (DCS-01), Non-
governmental organization (NGOs) exclusively Transformation Resource
Centre(TRC-02) and the Development for Peace Education (DPE-2), Community
Councils Chairperson (CCC-1),Urban Council Chairperson (UBC-1) District
Development Coordinating Committee (DDCC-5), and ordinary citizens in the
community-05. Members representing the Academic and Research based institutions
(ARI-2).
Questions for Interviews
1. The constitution of Lesotho provides for citizens participation in government and it
outlines different ways through which citizens can participate. In your opinion, what
is your understanding of citizen participation?
2. Do you think citizen participation is important?
3. What can be done to improve citizen participation in local government in Lesotho
specifically in Qacha’s Nek?
4. Do you think the local government can enhance and propel citizen participation?
5. Do you think citizen participation is currently taking place in local government
especially in Qacha’s Nek district in Lesotho?
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6. Do you think legal frameworks as well as policy frameworks adequately address
citizen participation in Lesotho?
7. Do you think the structure of local government offers enough and adequate space
that can allow citizen participation especially in planning and policy process?
8. Do you think citizens are aware of the policies that promote citizen participation in
Lesotho?
9. Do you think these policies can be improved? Briefly describe how?
10. Do you think citizens view their right to participation in local government as
important?
11. What challenges do you think exist when citizens take part in policy and planning
process in local government in Lesotho?
12. What benefits do you think can emanate from citizens participation in policy and
planning process in Lesotho?
Thank you for your valuable time for answering and sharing your knowledge
and insights to these questions
GOD BLESS YOU ALL
